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 156

  
  24th Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The Tribunal finds that the complainant has not impugned a final decision after exhausting the internal appeal procedure and that he cannot validly plead that he was unaware of the provisions of the Staff Regulations and Rules concerning internal appeal procedures to justify his direct complaint to the Tribunal."

  Keywords:

  absence of final decision; direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 147

  
  23rd Session, 1970
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The complainant impugns decisions of the Secretary-General without previously having exhausted the internal means of appeal provided for in the Staff Rules. "It follows that the submissions in his complaint in respect of the aforesaid decisions are not receivable."

  Keywords:

  direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 146

  
  23rd Session, 1970
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant did not submit an appeal to the internal appeals body before filing his complaint with the Administrative Tribunal. "He had therefore failed to exhaust the internal procedure available to him before appealing to the Tribunal." The complainant did not obtain the Director-General's leave to appeal directly to the Tribunal as required by the applicable provision. His claims are dismissed.

  Keywords:

  acceptance; condition; direct appeal to tribunal; executive head; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 130

  
  21st Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Failing any action to resist the decision within the prescribed time-limits, the decision not to renew the complainant's appointment became final and can no longer be challenged; consequently, all the complainant's links with the organization were severed from the date on which his contract expired.

  Keywords:

  complaint; consequence; internal remedies exhausted; receivability of the complaint; separation from service; time limit;
  

  
  
  

• Judgment 114

  
  18th Session, 1967
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant failed to appeal against the impugned decision to the internal appeals body, contrary to statutory procedure. He has not therefore "exhausted the means at his disposition, under the applicable staff regulations. Accordingly his complaint is irreceivable under Article VII, paragraph 1, of the Statute of the Administrative Tribunal".

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
  
  

  Keywords:

  absence of final decision; complaint; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 53

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The complainant was appointed in the grade of P.1 and accepted such appointment. Had he considered that the classification of his post did not accurately reflect the type and level of his duties and responsibilities and the qualifications required of him, it was open to him [...] to request at any time a re-examination of the classification of the post he occupied, and this he did not do. Consequently his submission in respect of incorrect grading must also be set aside."

  Keywords:

  absence of final decision; internal remedies exhausted; post classification; receivability of the complaint;
  

  
  
  

• Judgment 41

  
  8th Session, 1960
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "It is established by the documents in the dossier that [the complainant] submitted her requests concerning reinstatement or the grant of compensation neither to the Director-General nor to the [appeals body], so that when she applied to the Tribunal she had not exhausted all the means of resisting the decision that were open to her under the [Staff] Regulations; the [...] submissions are therefore not receivable."

  Keywords:

  complaint; internal remedies exhausted; new claim; receivability of the complaint;
  

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