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 882
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Since the complainant failed to file his internal appeal in time his complaint is irreceivable. According to Article VII of the Statute a complaint is receivable only if the internal means of redress have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 873
63rd Session, 1987
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"What the complainant challenges is a final decision against which he had no internal means of redress within the meaning of Article VII[1] of the Statute of the Tribunal, and he respected the time limit in VII[2]. His complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
decision; direct appeal to tribunal; internal appeal; internal remedies exhausted; no provision; receivability of the complaint;
Judgment 858
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The complainant "decided that it was not necessary to appeal in accordance with the rules and get a final decision. His arguments justifying his inaction are not well founded. His decision not to pursue an appeal was made deliberately and on legal advice, and he was not misled by the organization: the appropriate rules were supplied to him. His explanation is without merit and unacceptable."
Keywords:
absence of final decision; internal remedies exhausted; receivability of the complaint;
Summary
Extract:
The complainant was informed on 9 March 1984 of the decision not to extend his sick leave, confirming the date on which he was to be separated. The complainant lodged a protest by letter on 25 July 1984. Although that letter was not in the usual form of an appeal, the organization agreed to treat it as one. The organization's well-meaning offer was expressly turned down by the complainant. His refusal brought an end to contacts between the parties and the complainant never obtained a final decision from the Director-General.
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 847
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
What the complainant "is really challenging is the reckoning of his seniority for promotion as originally determined. He could of course at one time have challenged it but [...] it is now too late."
Keywords:
internal remedies exhausted; professional experience; receivability of the complaint; reckoning; seniority;
Judgment 846
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's claim to damages amounting to [...] is irreceivable. He could have made it in his internal appeal but failed to do so. Before coming to the Tribunal, he should have exhausted all the internal means of redress."
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 840
63rd Session, 1987
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Under Article R VI 1.03 of the Staff Regulations of the ESO appeals must be addressed to the Director General [...] Here the complainant contends that the notice of appeal contained in a telex message dated 20 March 1986 addressed to the ESO's legal adviser [who is not an ESO staff member] was a valid notice of appeal against a decision notified to the complainant on 21 February 1986. The argument fails because the language of the rules makes it clear beyond doubt that any appeal against a decision taken on behalf of the ESO must be addressed to the organisation, which alone is competent to judge the matter."
Reference(s)
Organization rules reference: ARTICLE R VI 1.03 OF THE ESO STAFF REGULATIONS
Keywords:
formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 804
61st Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
At the date on which the complaint was filed, the organisation "had not yet taken any challengeable decision, there was no more than a recommendation by the Appeal Board [...] But the complainant put the mistake right not only within the time limit for filing the complaint but also within the one for correcting it which the registrar set [...] In the interests of fair process the correction will be allowed."
Keywords:
absence of final decision; complaint; correction of complaint; date; internal remedies exhausted; late decision; receivability of the complaint;
Judgment 791
60th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]he rule [by which receivability hinges on the official's having exhausted the internal means of redress] is not a hard-and-fast one, even though the Statute does not expressly allow any derogation from it. The derogation should in all fairness be allowed if the complainant has done his utmost to obtain a decision, but on the evidence a decision seems unlikely to be taken in reasonable time."
Keywords:
exception; failure to answer claim; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 786
60th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"If a decision is taken, not within the 60 days, but at least before the complaint is filed, the complainant may not allege an implied decision [...] There is the case in which the Appeals Committee fails to report within a reasonable lapse of time: the staff member may then allege an implied decision."
Keywords:
failure to answer claim; implied decision; internal remedies exhausted; late decision; reasonable time; receivability of the complaint; time limit;
Judgment 762
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"According to Article VII(3) of the Statute a staff member may appeal to the Tribunal where the administration fails to take a decision upon his claim within sixty days. [...] However, the Principal Director of personnel informed the complainants [...] of the preliminary rejection of their internal appeal and of the referral of their case to the Appeals Committee. That was an express decision which precluded an implied one and hence the application of [Article] VII(3)".
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
express decision; implied decision; internal remedies exhausted; provisional decision; receivability of the complaint; time limit;
Judgment 738
58th Session, 1986
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
At the end of a correspondence with the office of the Director-General, the complainant wrote that he would assume that no appeal lay against the Director-General's decision, unless the organisation informed him that this was not the case. The Tribunal holds that as the holder of a Ph.D. in law and head of finance and legal affairs, the complainant should know that the Director-General has no power to absolve an official from his obligation to exhaust the means of redress open to him.
Keywords:
absence of final decision; direct appeal to tribunal; exception; internal remedies exhausted; receivability of the complaint;
Judgment 732
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This complaint is not about execution as such but about the allegedly harmful consequences of the way in which the FAO executed Judgment 620. That is not a matter that is ordinarily connected with execution and it is therefore one that must go through the internal appeal procedure before it can come to the Tribunal."
Reference(s)
ILOAT Judgment(s): 297, 620
Keywords:
application for execution; complaint; consequence; execution of judgment; injury; internal remedies exhausted; judgment of the tribunal; new claim; receivability of the complaint;
Judgment 725
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant impugns a decision of the President approving his performance report for 1980 and 1981. Because the complainant failed to exhaust the internal means of redress by awaiting the report of the Appeals Committee and the President's final decision before filing his complaint, the complaint is irreceivable.
Keywords:
absence of final decision; internal remedies exhausted; performance report; receivability of the complaint;
Judgment 700
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Having been filed before the complainant had exhausted the internal remedies, the complaint is irreceivable. The case "is remitted to the President in order that he may reconsider his decision of 19 February 1985 in the light of Judgment 699 and he is ordered to communicate his reconsidered decision to the complainant within one month."
Reference(s)
ILOAT Judgment(s): 699
Keywords:
absence of final decision; case sent back to organisation; internal remedies exhausted; receivability of the complaint;
Judgment 698
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is immaterial that there was correspondence after the decision of 24 May. insofar as that correspondence related to the issues decided on 24 May it merely confirmed the decision and set off no new time limit for lodging an internal appeal."
Keywords:
complaint; confirmatory decision; internal appeal; internal remedies exhausted; new time limit; receivability of the complaint; time bar; time limit;
Judgment 697
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal will hold the internal means of redress to have been exhausted if the complainant has pursued them with all diligence but without being able within a reasonable period of time to obtain a result. In this case, for the Tribunal to entertain the complaint, the complainant would have to satisfy it that there was no objective prospect of the internal process being concluded within a reasonable time. He has not done so.
Keywords:
failure to answer claim; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 689
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant had been informed in November that his internal appeal had been provisionally rejected and referred to the Appeals Committee. The internal appeal reached the Appeals Committee in January. The Appeals Committee had not had time to render a decision by February, at which time the complaint was lodged. The complainant came before the Tribunal without having exhausted the internal means of redress. The complaint is dismissed.
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; provisional decision; receivability of the complaint;
Judgment 667
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The fact that the impugned decision affects several categories of staff and is therefore general in character is not in itself sufficient to make the complaints irreceivable. Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [a complaint must also comply with] the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords:
competence of tribunal; general decision; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 663
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The impugned decision is a general one. "Before coming before the Tribunal the complainant must wait until the administration has taken individual decisions concerning him and he has exhausted the internal means of redress. To declare his complaints irreceivable causes him no prejudice since he may appeal against future individual decisions, first inside the organisation, and then, if necessary to the Tribunal."
Keywords:
general decision; individual decision; internal remedies exhausted; receivability of the complaint;
Judgment 657
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
None of the complainants "objected to the decision on his starting grade and step, let alone duly filed an internal appeal [...] The decisions appointing them to [the grade in question] are beyond challenge and any claim which entails review of their grade and step on appointment is time-barred and irreceivable."
Keywords:
individual decision; internal remedies exhausted; receivability of the complaint; time bar;
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