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 1516
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-8
Extract:
"The organization is [...] wrong to argue that [the complainant] has never sought reconsideration [...] of the decision setting the degree of her invalidity [...] and so has no adverse decision to impugn on that score." "It is true that as worded her original claims were not about the degree of her invalidity [...] but there is much evidence to show that the competent units of the organization did realise she was seeking review on medical grounds" "both the complainant and senior officers believed that review was on the way. [...] So it is odd to find the defendant now arguing that she had to get an express decision before seeking review".
Keywords:
complaint; good faith; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1514
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In the light of Judgment 1368 "what [CERN] had to do was not just take new decisions untainted with the flaw the Tribunal had found but apply all the other material, procedural and substantive rules, which, having set aside the impugned decisions on the grounds of that flaw alone, the Tribunal had had no need to comment on. So any objections to the lawfulness of the decisions taken in compliance with the duty [set by the Tribunal] have a bearing on the execution of the judgment. And, as is plain from the case law - see, for example Judgments 732 [...] and 1328 [...] - the complainants did not have to go through the internal appeal procedure before coming back to the Tribunal."
Reference(s)
ILOAT Judgment(s): 732, 1328, 1368
Keywords:
application for execution; case law; due process; exception; execution of judgment; internal remedies exhausted; judgment of the tribunal; organisation's duties;
Judgment 1506
81st Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-9
Extract:
"The Organization objects that the complaint is irreceivable on the grounds that the decision impugned is not a final one: the complainant has, it pleads, failed to exhaust the internal means of redress because he did not appeal to the Joint Appeals Board [...] The plea is upheld [...] The conclusion is that the complaint is 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;
Judgment 1486
80th Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is true that Article VII(1) of the Tribunal's Statute requires a complainant, before he files suit with the Tribunal, not just to apply for internal review but also to await the outcome of the internal proceedings. Yet that is not a hard-and-fast rule, even though the Statute does not allow any express derogation. If a complainant does his utmost to procure a decision, and if nevertheless the internal appeals body evinces by its statements or conduct an intention not to report within a reasonable time, justice requires that an exception be made. A mere failure to proceed with all proper speed and diligence is not enough: it is only if the proceedings have been so protracted that the delay is inordinate, unexplained and inexcusable that such an intention will be inferred: see Judgments 408 [...] and 451 [...]."
Reference(s)
ILOAT reference: Article VII(1) of the Statute
ILOAT Judgment(s): 408, 451
Keywords:
administrative delay; case law; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Consideration 13
Extract:
"The complainant had done everything in his power to exhaust his internal remedies and [at a certain date] it was quite clear that the internal process of review would not be concluded within a time which the Tribunal may regard as reasonable in the circumstances. [...] The complaint is therefore receivable."
Keywords:
administrative delay; exception; iloat statute; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 1469
80th Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"To satisfy the requirement in Article VII(1) the complainant must not only follow the prescribed internal procedure for appeal, but follow it properly and in particular observe any time limit that may be set for the purpose for internal procedures."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; delay; iloat statute; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint;
Judgment 1464
80th Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant contends that her complaint is receivable because she may act under Article VII(3), the organization having failed to take its decision on her appeal within the sixty days' time limit set in that provision. But her reading of VII(3) is mistaken. It does not require that the process of appeal be completed within sixty days."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
complaint; iloat statute; implied decision; internal appeal; internal remedies exhausted; interpretation; receivability of the complaint; time limit;
Judgment 1462
79th Session, 1995
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 398, considerations 1 and 2.
Reference(s)
Organization rules reference: ARTICLE 92 OF THE STAFF REGULATIONS GOVERNING OFFICIALS OF THE EUROCONTROL AGENCY
ILOAT Judgment(s): 398
Keywords:
case law; complaint; failure to answer claim; implied decision; internal remedies exhausted; receivability of the complaint; request by a party; staff regulations and rules; time bar;
Judgment 1455
79th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Vide Judgment 532, consideration 3.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
ILOAT Judgment(s): 532
Keywords:
absence of final decision; case law; complaint; exception; failure to answer claim; iloat statute; implied decision; internal appeals body; internal remedies exhausted; interpretation; receivability of the complaint;
Judgment 1452
79th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant has come to the Tribunal without waiting for the completion of the internal appeal procedure and for the final decision by the Director-General that will result therefrom. He has therefore failed to exhaust the means of internal appeal and there is no final decision yet for him to impugn. Article VII(3) does not apply."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
absence of final decision; cause of action; complaint; direct appeal to tribunal; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."
Keywords:
claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;
Consideration 20
Extract:
Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] The organisation must realise, it is precisely in cases like this, about termination of employment, that the Tribunal may [...] itself award damages if it deems reinstatement impossible."
Keywords:
application of law ex officio; claim; internal remedies exhausted; material damages; receivability of the complaint; reinstatement; subsidiary;
Judgment 1448
79th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
"The Tribunal holds that the decision [against which the complainant submitted an internal appeal] was not a final one, the object [...] being only to initiate discussion: see Judgment 336 [...]. Although he had been identified as a staff member 'likely to be terminated', there was [...] no actual decision that he would be terminated at such and such a date or on stated terms". "He failed to submit an appeal [against the final decision] and thereby failed to exhaust the internal means of redress available to him. Accordingly, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
ILOAT Judgment(s): 336
Keywords:
absence of final decision; case law; complaint; decision; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; statement of intent;
Judgment 1443
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant may not put wider claims to the Tribunal than in the internal appeal".
Keywords:
claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; new claim; receivability of the complaint;
Consideration 3
Extract:
"Some of the complainant's [...] procedural and substantive objections [rely on] claims and pleas [presented by] other staff whose appeals also went to the Appeals Committee. As the EPO [correctly] observes, the material issues of this complaint are [limited to] the decision he was challenging in his internal appeal."
Keywords:
claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1435
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant wants the Tribunal to set aside the appointment of an internal candidate to a post he applied for and challenges the promotion of that candidate. "The complainant has not on any grounds challenged that promotion by way of an internal appeal and he has therefore failed to exhaust the internal remedies available to him. What is more, he has failed to show that he was adversely affected by the promotion. So the Tribunal will not in the context of this application determine whether or not the promotion was valid."
Keywords:
absence of final decision; cause of action; claim; internal appeal; internal remedies exhausted; lack of injury; receivability of the complaint;
Judgment 1433
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Article VII (1) of the Tribunal's Statute requires that for a complaint to be receivable the complainant must have 'exhausted such other means of resisting a final decision as are open to him under the applicable staff regulations'. The Tribunal recognises that reasonable time must be allowed for completing the internal appeal procedure. Yet in this case [fifteen months had passed between the date of the complainant's internal appeal and the organization's response to the appeal] objections to receivability ill become the defendant".
Keywords:
absence of final decision; administrative delay; case law; complaint; date; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;
Consideration 8
Extract:
"As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; claim; complaint; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder;
Consideration 6
Extract:
"The complainant was kept waiting over sixteen months [...] for an answer to his request [...] and fifteen months for the [organisation] to file its reply [...] to his appeal [...] and so let the internal appeal procedure go ahead. The Tribunal holds that since he took all the steps he could take to obtain a final decision and since the [organisation] failed to discharge promptly its obligations under the internal procedure he was justified in coming to the Tribunal. That is in keeping with what the Tribunal ruled in, for example, Judgment 1243 [...]."
Reference(s)
ILOAT Judgment(s): 1243
Keywords:
absence of final decision; administrative delay; case law; complaint; date; direct appeal to tribunal; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;
Judgment 1429
79th Session, 1995
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
See Judgment 1244.
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
ILOAT Judgment(s): 1244
Keywords:
case law; complaint; iloat statute; internal appeal; internal remedies exhausted; interpretation; procedure before the tribunal; receivability of the complaint;
Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
claim; iloat statute; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; receivability of the complaint;
Judgment 1379
78th Session, 1995
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant "has neither asked for review of [the impugned decision] nor lodged an internal appeal against it. So she has not exhausted the internal means of redress which were available to her, and her complaint is [...] irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"According to the case law - see for example Judgment 607 [...] under 8 - though the rules on internal appeals must be respected because proper administration so requires, 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
case law; good faith; internal appeal; internal remedies exhausted; organisation's duties; organisation's interest; right of appeal; staff member's interest; time limit;
Judgment 1344
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is true that Article VII(1) of the Statute provides that a complaint will not be receivable unless the complainant has exhausted such other means of resisting the decision as are open to him under the applicable Staff Regulations. But it is plain from the case law that the Tribunal construes that article to mean that when a complainant has done all that is required of him to get a final decision, yet the proceedings appear unlikely to be concluded within a reasonable time, he may appeal directly to the Tribunal".
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
ILOAT Judgment(s): 451, 499
Keywords:
absence of final decision; administrative delay; case law; complaint; direct appeal to tribunal; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; reasonable time; receivability of the complaint; staff regulations and rules;
Judgment 1341
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant seeks an order cancelling his resignation, which the organisation accepted. [...] This claim is irreceivable because he has failed to avail himself of the internal means of redress provided under [...] the service regulations and so to satisfy the condition of receivability laid down in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
acceptance; application for quashing; iloat statute; internal remedies exhausted; new claim; offer; receivability of the complaint; resignation; staff regulations and rules;
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