Internal remedies exhausted (88, 89, 656, 743,-666)
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Keywords: Internal remedies exhausted
Total judgments found: 307
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Judgment 1328
76th Session, 1994
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
Vide Judgment 732, consideration 2.
Reference(s)
ILOAT Judgment(s): 732
Keywords:
application for execution; case law; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1322
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
His claim "is irreceivable under Article VII(1) of the Tribunal's Statute because he did not make it in the context of his internal appeal and has therefore failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
iloat statute; internal appeal; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1318
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration
Extract:
"This complainant does not impugn any final decision. [It] is therefore clearly irreceivable, and the Tribunal dismisses it as such in accordance with the summary procedure provided for in Article 8(3) of the Rules of Court."
Reference(s)
ILOAT reference: ARTICLE 8(3) OF THE RULES
Keywords:
absence of final decision; complaint; iloat statute; internal remedies exhausted; receivability of the complaint; summary procedure;
Judgment 1306
76th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant submits that the Union failed to execute in full an earlier judgment in which the Tribunal gave him satisfaction. The UPU says that he failed to exhaust the internal means of appeal. The Tribunal holds that his application for interpretation "is receivable because the parties disagree on how to combine [two points of the ruling in the material judgment], only the Tribunal itself may resolve the issue, and there was no need to follow any internal appeal procedure beforehand".
Keywords:
application for interpretation; execution of judgment; internal remedies exhausted; judgment of the tribunal; receivability of the complaint; res judicata;
Judgment 1301
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant is objecting to a decision to put in her personal file several performance appraisals which she alleges were drawn up in breach of the established procedure and contained "libellous comments". The ILO says that she refused to submit any comments of her own on the reports and thereby prevented the review procedure from moving ahead. "The requirement that a complainant go through any internal procedure is not just a formality. [...] By refusing to [make] comments on the draft reports she is challenging the complainant failed to avail herself of the means at her disposal to have the reports withdrawn or altered. Her complaint is therefore irreceivable under Article VII(1) of the Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complainant; complaint; iloat statute; internal appeal; internal remedies exhausted; performance report; rebuttal; receivability of the complaint; refusal; work appraisal;
Judgment 1277
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to the case law - see, for example, Judgment 435 [...] - the rule that the complainant must have exhausted the internal remedies means, first, that his complaint must rest on the same essential facts as his internal appeal and, secondly, that his claims must not be wider than those he put forward in that appeal."
Reference(s)
ILOAT Judgment(s): 435
Keywords:
case law; complaint; identical claims; identical facts; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The organization contends that one of [the complainant's] claims is irreceivable for failure to exhaust the internal means of redress. It observes that neither did he make a written protest on that score or an appeal to the Appeals Board. The claim was not even mentioned in the cause of the original proceedings which led to an earlier judgment of the Tribunal on a case also brought by the complainant. He does not deny that he made no internal appeal but merely asserts that it was discriminatory and unlawful not to grant him satisfaction. "So his complaint is indisputably irreceivable under this head."
Keywords:
claim; internal appeal; internal appeals body; internal remedies exhausted; judgment of the tribunal; receivability of the complaint;
Consideration 6
Extract:
"His claim to material damages for failure to distribute [a circular] is made for the first time in this complaint and did not form the subject of prior appeal to the Director-General. It is irreceivable because he has failed to exhaust the internal means of redress."
Keywords:
claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1259
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant objects to the non-renewal of his contract. The organization says his complaint is irreceivable. It does not deny that he sent a memorandum challenging the decision but argues that his internal appeal was not properly presented since he did not submit it to the Director-General himself. "That objection fails because the memorandum was correctly addressed to the Director of the Bureau of personnel, whom he asked to convey to the administration his decision to appeal. So it was incumbent on the Director to forward it to the Director-General."
Keywords:
complaint; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1256
75th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant asked the Director-General to review his decision to reject his application for a vacant post after the expiry of the one month delay for filing of an internal appeal. He wants the Tribunal to acknowledge the exceptional character of his case as justifying an extension of the normally applicable time limit. "According to precedent a complainant may not be deemed to have exhausted the means of redress at his disposal within the organisation unless he has followed the prescribed internal procedure for appeal and in particular observed the time limits. So if his internal appeal was out of time his complaint to this Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: UPU STAFF RULE 111.3
Keywords:
case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;
Consideration 6
Extract:
To escape the time bar the complainant relies on UPU Staff Rule 111.3.4, which allows the Joint Appeals Committee to waive the time limit in exceptional circumstances. "As the Union observes, the time limit which the Committee may waive is not the one in 111.3.1 - the one month for submitting a request for review to the Director-General - but only the one for appeal to the Committee against the decision rejecting such request." The complaint is therefore irreceivable.
Reference(s)
Organization rules reference: UPU STAFF RULE 111.3
Keywords:
case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 1244
74th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; complaint; due process; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; tribunal;
Judgment 1243
74th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"According to the case law, where a complainant does everything necessary to get a final decision but the appeal proceedings appear unlikely to end within a reasonable time, he may go to the Tribunal. Rulings to that effect are to be found, for example, in Judgments 451 and 499."
Reference(s)
ILOAT Judgment(s): 451, 499
Keywords:
absence of final decision; administrative delay; case law; complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 1236
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The letter [...] from the head of administration was plainly CERN's answer to his internal appeal [...]. On the issue of notice it is therefore a final decision and meets the requirements for receivability in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; condition; decision; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."
Keywords:
claim; health reasons; internal appeal; internal remedies exhausted; receivability of the complaint; termination of employment; termination of employment for health reasons; waiver of right of appeal; withdrawal of suit;
Judgment 1230
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The defendant maintains that the complainant did not meet the two-month time limit for lodging appeals and failed to exhaust the internal means of redress. The Committee was of the view that, in this case, exceptional circumstances warranted waiving the time limit and allowing the appeal. The defendant contends that the Committee's decision was not binding on the Agency. "Only where the Committee's appraisal of the circumstances is flagrantly wrong or based on plainly mistaken facts may the Director General disregard it, and even then his decision will be subject to review by the Tribunal."
Keywords:
condition; exception; internal appeal; internal appeals body; internal remedies exhausted; judicial review; mistake of fact; mistaken conclusion; receivability of the complaint; staff regulations and rules; time bar; time limit;
Consideration 3
Extract:
"The rule is that for his complaint to be receivable the staff member must not only meet the time limit in Article VII(2) of [the Tribunal's] Statute but have properly followed the internal appeal procedure."
Reference(s)
ILOAT reference: ARTICLE VII(2) OF THE STATUTE
Keywords:
condition; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1227
74th Session, 1993
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is challenging a report submitted by the Joint Appeals Board. "The report [...] plainly does not constitute a final decision within the meaning of the UNIDO Staff Regulations and Staff Rules. The complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; complaint; iloat statute; internal appeals body; internal remedies exhausted; receivability of the complaint; report;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is plain on the evidence that the bureau of personnel told the complainant that the Director-General would be willing to waive the Appeals Board's jurisdiction [under UNESCO Staff Rule 111.2(b)] if she so wished, that she expressly agreed to the suggestion, and that she formally sought and was granted waiver by the Director-General." So the complainant appealed directly to the Tribunal "in full freedom".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 111.2(B)
Keywords:
complainant; complaint; direct appeal to tribunal; internal remedies exhausted; lack of consent; receivability of the complaint;
Judgment 1205
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complaint is irreceivable because the decision impugned is not a final one: the complainant has failed to exhaust the internal means of redress, in breach of the requirement in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; decision; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1181
73rd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complaint raises a question of receivability. Under Article 43 (1) of the Staff Regulations an internal appeal must be lodged within thirty days of the date on which a decision was notified. The complainant pleads that he made a material mistake by reading the thirty days as one calendar month. "Time limits for internal appeals must be strictly complied with. The complainant failed to abide by the Staff Regulations, and the mistake he supposedly made is irrelevant because the organization did not seek to mislead him. Since he has not exhausted the internal means of redress, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: ARTICLE 43 OF THE INTERPOL STAFF REGULATIONS
Keywords:
date of notification; delay; iloat statute; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;
Judgment 1172
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The conclusion is that in substance [the complainant's] letter [...] amounted to a request for further information and explanation on a matter the parties had been discussing for years. If his intention was to lodge an appeal under Chapter VI of the Staff Rules he ought to have used language more in keeping with that of an appeal. In any event, on receiving CERN's reply [...] he ought to have applied for referral to the Appeals Board, which [...] is not just a formality. Had he applied for such referral the ambiguous wording of his letter might have been treated as just an oversight, and had the organization turned down his claims it might have been held that he had exhausted the internal means of redress as Article VII(1) the Tribunal's Statute required him to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: CHAPTER VI OF THE CERN STAFF RULES
Keywords:
condition; formal requirements; iloat statute; internal appeal; internal remedies exhausted; reply; staff regulations and rules;
Judgment 1149
72nd Session, 1992
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
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