Internal appeal (86, 87, 668, 695, 752, 783,-666)
You searched for:
Keywords: Internal appeal
Total judgments found: 463
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Judgment 408
44th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision in this case turns at least as much on appraisal of oral statements as on that of written evidence, and the Tribunal would be hard put to pass judgment without knowing the [Appeals] Board's views. The appeal to the Board is therefore no empty formality."
Keywords:
internal appeal; internal appeals body; internal remedies exhausted; purpose; recommendation; tribunal;
Consideration 3
Extract:
"Doubtless [the internal appeals body] showed the organization too much forbearance. [...] Yet the evidence casts no doubt on its willingness to hear the appeal before it. [...] While the complainants were lodging their complaints with the Tribunal the [Appeals] Board was on the point of giving a decision. In the circumstances there are no grounds for allowing any derogation from the rule that the internal means of redress shall have been exhausted."
Keywords:
administrative delay; exception; internal appeal; internal appeals body; internal remedies exhausted; late decision;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the second decision under challenge merely upheld the former, that the time limit must therefore be calculated from the date of the first decision (3 October). "In fact the decision of 18 December does not merely confirm the earlier one: it rejects the complainant's application for referral of her case to the Joint Committee and thus bars resort to an internal means of redress. Whether the time limit should run from 3 October or 18 December is therefore a matter of some doubt. It may remain unsettled [...] since the complainant's pleas are manifestly without substance."
Keywords:
confirmatory decision; date of notification; decision; internal appeal; organisation; refusal; start of time limit;
Judgment 398
43rd Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The Staff Regulations provide for two means of redress: requests and complaints. The "request" in question showed the characteristics of a complaint. The prescribed time limit having obviously expired, the Director declared the complainant's application time-barred. When she filed a further complaint, it was proper for him to uphold his earlier decision.
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Consideration 2
Extract:
Article 92 of the Eurocontrol Staff Regulations provides for the submission of a request or of a complaint. "A 'request' may be made only where a 'complaint' may not. [...] Any application challenging a decision must therefore be described and treated as a 'complaint', whatever it may be called [...]. By an application challenging a decision is meant any application for the quashing or amendment of a decision solely on the grounds of the facts underlying that decision."
Reference(s)
Organization rules reference: ARTICLE 92 EUROCONTROL STAFF REGULATIONS
Keywords:
difference; internal appeal;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organisation maintains that the complaint is irreceivable because the Internal Board ought not to have heard the appeal and the means of redress open to the complainant were not duly exhausted. "Although the Appeal Board did not comply strictly with the letter of the rules of procedure, it did, as it states, respect their spirit. [...] The Appeal Board must be allowed some discretion in construing the internal rules of procedure and therefore cannot be taken to task for breach of those rules."
Keywords:
internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; procedure before the tribunal; receivability of the complaint;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Tribunal "will [...] take account [...] of the material and moral prejudice which the complainant suffered because of the extraordinary dilatoriness of the internal appeal proceedings: the [organization] took an inordinately long time to file its memoranda and reach its final decision and was therefore partly to blame for the delay."
Keywords:
administrative delay; internal appeal; material injury; moral injury; negligence; organisation;
Consideration 9
Extract:
It is impossible, several years having elapsed, to determine the precise consequences of the organization's negligence. In view of the existing reservations, it is justified to award the complainant compensation ex aequo et bono. Because of the apparent reluctance of the complainant to seek employment outside the organization and the uncertainty of the effects of the organization's negligence, the Tribunal is inclined to award rather modest damages. But account must also be taken of the material and moral prejudice caused by the inordinately long internal appeal proceedings.
Keywords:
administrative delay; amount; injury; internal appeal; material injury; moral injury; negligence; organisation; procedure before the tribunal;
Judgment 370
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."
Keywords:
flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; receivability of the complaint;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Under Article VII, paragraph 1, of the Statute of the Tribunal, "a complaint shall not be receivable unless the person concerned has exhausted such other means of resisting it as are open to him in the applicable staff regulations. This means that where, as here, the Staff Regulations provide for an appeal committee, the person concerned must bring his complaint before that body within the time limits allowed by the regulation. Thus the question for the tribunal is whether the Appeals Board was right in rejecting the complaint on the ground that it was not brought before it in due time."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; judicial review; receivability of the complaint; time bar; time limit;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The purpose of the claims for relief and the claims submitted in the internal appeal are the same. "[T]he sets of claims differ only in respect of the arguments put forward in their favour. The principle whereby the claims submitted to the Tribunal and the claims in the internal appeal must be the same applies only to the substance. In the present case the principle has been respected."
Keywords:
claim; complaint; internal appeal; new claim; purpose; receivability of the complaint;
Judgment 347
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was promoted but granted no seniority at his new step. He failed to impugn that decision in time. Claiming that he had been less fairly treated than officials promoted in the meantime, the complainant submitted a further request to the Director-General, which was dismissed. Although the effect of that decision is the same as that of the first decision, it is an answer to the claim made by the complainant. "Since it is not merely confirmatory, it may be impugned before the Tribunal."
Keywords:
confirmatory decision; internal appeal; promotion; receivability of the complaint; seniority; time bar;
Judgment 338
40th Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Assuming that the appeals filed by the complainant were receivable, the complainant "should in any event have appealed to the [appeals body] not later than thirty days after [the confirmation of the decision]. He did not appeal to the [appeals body] until [...] after the time limit had expired. The Director-General was therefore right to dismiss the appeal."
Keywords:
internal appeal; receivability of the complaint; time bar; time limit;
Judgment 336
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Assuming that the letter in question constitutes a claim requiring a decision, sixty days had elapsed without a decision being taken by the organisation. "But a complainant is not thereby obliged to treat silence as an adverse decision. He may prefer to continue or to resume the correspondence in the hope of obtaining a favourable decision. If he continues or reopens the case in this way, he must wait for another period of sixty days' silence before he can treat his claim as rejected. Since the complainant has not obtained a final decision [...] the complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
absence of final decision; failure to answer claim; internal appeal; receivability of the complaint; time limit;
Considerations
Extract:
"Paragraph 3 of Article VII [of the Statute of the Tribunal] does not require a claim to be made in any particular form. There must however be a clear indication that the administration is being asked to take a decision; a letter whose object is to initiate a discussion will not do."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
formal requirements; internal appeal;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant appealed to the Director-General within the time limit for disputed claims. The Director-General dismissed her appeal by a letter which was not merely confirmatory. The complaint impugning that decision was filed within the time limit and is therefore receivable.
Keywords:
complaint; confirmatory decision; internal appeal; receivability of the complaint; start of time limit; time limit;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
A complainant may properly contend that the internal appeals bodies wrongly refused to hear an appeal submitted to them and that the complaint lodged with the Tribunal is therefore receivable. An organisation may correctly argue that those bodies acted improperly in ruling on the merits of an appeal and that the complaint is therefore irreceivable. "In ruling on such contentions the Tribunal does not [...] admit the receivability of the complaint itself but merely settles a preliminary point on which the receivability of the complaint depends."
Keywords:
complaint; consequence; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint;
Judgment 313
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The chairman of the Appeals Committee having indicated that the proceedings were suspended, the complainant filed his complaint. Subsequently, the Director-General accepted the recommendation of the Committee and dismissed the appeal. "A party should not suffer prejudice from acting on even the mistaken suggestion of an appeals body. Having followed the suggestion in the chairman's letter, the complainant cannot be taken to task for acting too soon and failing to file his complaint again after [...] the [...] decision."
Keywords:
administrative delay; direct appeal to tribunal; internal appeal; internal appeals body; late decision; procedure before the tribunal; receivability of the complaint;
Judgment 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Since no appeal lay to the Appeals Committee, the internal authority which took the decision was the last instance."
Keywords:
complaint; decision; decision-maker; internal appeal; internal remedies exhausted; receivability of the complaint;
Consideration 1
Extract:
"According to Article VII of the Statute of the Tribunal a complaint shall not be receivable unless the internal means of redress have been exhausted and the complaint was filed within ninety days after the notification of the impugned decision. Hence only a final decision may prompt a complaint and the period of ninety days runs from the date of notification."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
complaint; date of notification; decision; internal appeal; internal remedies exhausted; receivability of the complaint; start of time limit; time limit;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organisation maintains that the internal appeal was time-barred and therefore irreceivable. "According to Article VII, paragraph 1, of its Statute [the Tribunal] is required to consider merely whether the internal means of redress have been exhausted - in this case whether the Director-General's" original decision led to a recommendation by the Appeals Committee. That condition is undoubtedly fulfilled, and the complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; judicial review; receivability of the complaint; recommendation; time bar;
Consideration 1
Extract:
"It is immaterial that the Appeals Committee may have erred in hearing the appeal. The fact is that it gave its views and consequently the complainant had recourse to the internal means of redress available to him."
Keywords:
consequence; internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit;
Consideration 1
Extract:
"Although the Tribunal must determine whether its own time limit for filing a complaint has been respected, it will not review the observance of procedural rules in internal bodies. It merely notes that such bodies have heard the appeal. The most that can be said is that matters would have been different had the Director-General in his final decision expressed reservations on the propriety of the appeals procedure."
Keywords:
internal appeal; internal appeals body; judicial review; procedure before the tribunal; receivability of the complaint; time limit;
Judgment 275
36th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is not necessary to consider whether the internal time limit was respected since the Appeals Committee decided on the merits."
Keywords:
internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; time bar; time limit;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint is receivable only if the complainant has exhausted all means of redress available to him under the staff regulations, i.e. the internal means of redress. Hence [...] staff members [of the defendant organisation] may lodge a complaint with the Tribunal only if within a period of three months they have submitted an appeal to the [competent] authority [...] as provided for [in the regulations]. Moreover, the complainant's claims for relief are receivable only if they fall within the scope of that appeal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
claim; complaint; condition; internal appeal; internal remedies exhausted; receivability of the complaint;
Consideration 3
Extract:
"In view of the explanations which it contains, and in particular the reference to a circular subsequent to the notification [contested by complainant], the reply [by the organisation] is not a mere confirmation of that notification. In fact it is a new decision which gave rise to a new time limit for appeal."
Keywords:
confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time limit;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant claims an indemnity to cover the cost of travel expenses incurred in connection with the proceedings. "[T]he organization did not agree to pay these expenses, the expenses do not arise out of this claimant's terms of appointment and were not in the opinion of the Tribunal reasonably necessary for the presentation of his claims. This claim therefore fails on the merits."
Keywords:
complainant; internal appeal; internal appeals body; refund; request by a party; travel expenses;
Judgment 259
35th Session, 1975
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decision in question, which merely upheld an earlier decision, could "not give rise to new time limits for the lodging of an appeal by the complainant."
Keywords:
confirmatory decision; decision; internal appeal; new time limit; receivability of the complaint; time bar; time limit;
Considerations
Extract:
Under the applicable provision, the complainant had a period of six weeks in which to appeal against the decision which he regarded as detrimental. "No appeal having been lodged within that period, the decision had [...] become final [...] when the complainant asked for review of his case. The Secretary-General and subsequently the Appeal Board therefore acted lawfully in dismissing the request on that ground." No exceptional circumstances warranted a derogation from the prescribed time limits.
Keywords:
decision; internal appeal; mandatory time limit; receivability of the complaint; time bar; time limit;
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