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Failure to answer claim (37,-666)
You searched for:
Keywords: Failure to answer claim
Total judgments found: 51
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Judgment 4692
136th Session, 2023
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his appeal against an implied decision not to respond to a complaint he had lodged with the Office of the Inspector General.
Judgment keywords
Keywords:
complaint dismissed; failure to answer claim; implied decision;
Judgment 3946
125th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the amounts she was awarded for the delay in processing her request for compensation for service-incurred illness.
Judgment keywords
Keywords:
complaint allowed; delay; failure to answer claim;
Judgment 3089
112th Session, 2012
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"An implied decision occurs only when a person who has submitted a claim is entitled to treat delay, inactivity or some other failure as constituting a decision to reject his or her claim and elects to do so."
Keywords:
definition; failure to answer claim; implied decision;
Judgment 2948
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"While Article VII, paragraph 3, of the [Tribunal's] Statute permits a complainant to have recourse to the Tribunal '[w]here the Administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it', the Tribunal has consistently held that the forwarding of the claim to the advisory appeal body constitutes a 'decision upon [the] claim' within the meaning of these provisions, which is sufficient to forestall an implied rejection (see, for example, Judgments 532, 762, 786 or 2681)."
Reference(s)
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 532, 762, 786, 2681
Keywords:
absence of final decision; case law; date of notification; decision; direct appeal to tribunal; failure to answer claim; iloat statute; implied decision; internal appeal; internal appeals body; refusal; time limit;
Judgment 2631
103rd Session, 2007
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Under Article VII(3) of the Statute of the Tribunal, an official may have direct recourse to the Tribunal where the Administration fails to take a decision on any claim “within sixty days from the notification of the claim to it”. Only a person who has done all that is legally possible to secure a final decision within a reasonable time, but to no avail, is entitled to file a complaint against an implicit rejection (see, inter alia, Judgments 1344, under 11, and 1718, under 3).
Article VII(3) of the Tribunal's Statute must be read in conjunction with Article VII(1), which establishes the obligation to exhaust internal means of redress before filing a complaint with the Tribunal. It follows that a complaint against an implicit decision to reject a claim is not receivable unless the complainant has exhausted all available internal remedies. The Tribunal cannot therefore hear such a complaint unless the implicit rejection may be inferred from the silence of the final authority competent to rule on the dispute between the official and the Administration (see Judgment 185)."
Reference(s)
ILOAT reference: Article VII, paragraphs 1 and 3, of the Statute
ILOAT Judgment(s): 185
Keywords:
absence of final decision; complaint; condition; direct appeal to tribunal; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; refusal; staff member's duties;
Judgment 2626
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(c)
Extract:
"Generally speaking, serving or retired staff members who turn to an internal appeal body are entitled to have their case heard within a reasonable period of time without having to endure excessive and unjustified delays resulting from the malfunctioning of that body, or from the inadequate resources at its disposal. This duty to take prompt action is reinforced where the dispute is such that it must be resolved rapidly if resolution is to serve any purpose. [...] Contrary to the defendant's view, the complainant therefore had good reason to consider that the lack of a decision within a reasonable time amounted to an implied decision of rejection which he was entitled to challenge before the Tribunal (see Judgments 499 and 791, under 2)."
Reference(s)
ILOAT Judgment(s): 499, 791
Keywords:
absence of final decision; administrative delay; competence of tribunal; complaint; direct appeal to tribunal; failure to answer claim; implied decision; injury; internal appeal; internal appeals body; official; organisation's duties; reasonable time; retirement; right;
Judgment 2180
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The allegation that the reasons for the complainant's non-inclusion on the short list were not fully explained to her when she first asked for the reasons [...] becomes irrelevant in light of the undoubted fact that such reasons were fully and adequately given during the internal appeal procedure."
Keywords:
appointment; failure to answer claim; grounds; internal appeal; organisation's duties; procedure before the tribunal; refusal; request by a party;
Judgment 2170
94th Session, 2003
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."
Keywords:
failure to answer claim; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; procedure before the tribunal; refusal; right; salary; time limit; work appraisal;
Consideration 16
Extract:
The Organisation decided to withhold the complainant's salary increment. It failed to respond either to her initial request for review of the decision or to her subsequent appeal to the appeal board. "Since she succeeds in part, the complainant is entitled to moral damages which are aggravated by the [Organisation's] wholly unacceptable treatment of her internal appeal."
Keywords:
absence of final decision; delay; failure to answer claim; injury; internal appeal; moral injury;
Judgment 2072
91st Session, 2001
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant benefited from a voluntary separation programme that the organization had had to implement because of financial difficulties. He is challenging the refusal to consider his request for re-employment. "The organization cannot be taken to task for not considering him for [vacant] posts for which he had not applied, or for not offering him another [post] while it was still in financial straits."
Keywords:
agreed termination; budgetary reasons; competition; failure to answer claim; participation; post; refusal; reinstatement; request by a party; separation from service; vacancy; vacancy notice;
Judgment 2067
91st Session, 2001
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The [organization] did fail in the duty incumbent on all international organisations to treat staff members with dignity and avoid causing them undue and unnecessary injury [...] [It] was aware of the unhealthy working atmosphere [...] the complainant [had to face]. That atmosphere was allowed to linger 'without the necessary assistance being given to sort matters out'."
Keywords:
failure to answer claim; misconduct; organisation; organisation's duties; respect for dignity; working relations;
Judgment 1775
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant claims that a binding contract did exist between the Organization and himself, despite the silence of the Organization on his counter-offer regarding the amount of his salary. The Tribunal considers that "[it cannot] be said that the Organization's reply [...] constituted by its silence on that score an acceptance of the complainant's counter-offer. Silence does not normally imply consent and the circumstances here are not such as to give rise to any inference in the complainant's favour; the terms of the Organization's [reply] are fully compatible with the conclusion that the question of salary was still unresolved and subject to further negotiation."
Keywords:
acceptance; contract; failure to answer claim; offer; salary;
Judgment 1633
83rd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Organization may not rely on the complainant's apparent willingness in March 1995 to accept a two-year extension of his contract: since it did not reply to his letter [...] it did not accept his offer. In April 1995 he sought an extension by five years, thereby withdrawing any offer to settle for two."
Keywords:
consequence; contract; extension of contract; failure to answer claim; intention of parties; offer; refusal; request by a party;
Consideration 9
Extract:
"When [the complainant's] unpaid leave expired the Organization took no decision for sixteen months as to whether or not to extend his appointment, which was therefore automatically extended". The consequence of its failure to take a decision at the time is that the automatic extension of his contract was "by whatever period would have been normal." (In this case the normal period would have been five years).
Keywords:
consequence; contract; extension of contract; failure to answer claim; implied decision; practice;
Judgment 1611
82nd Session, 1997
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"It was open to the complainant to withdraw the obviously premature complaint [...] and lodge a new one which complied with the time limit in Article VII(3) [of the Tribunal's Statute]. What his counsel supplied [...] was no new complaint but merely a version of the original one corrected in compliance with the Registrar's instructions. So for the purpose of a ruling on his observance of the time limit his complaint is still the [the original one]." The claim in that complaint being therefore premature, it is for that reason irreceivable too.
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
absence of final decision; complaint; correction of complaint; failure to answer claim; iloat statute; implied decision; receivability of the complaint; time limit;
Judgment 1541
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Refusal to answer an appeal is not obstruction: the litigant may still appeal to the Tribunal against the implied rejection. [...] Moreover, the President of the Office pleads the need to keep down the amount of internal litigation so as not to overload the administration with pointless work and expenditure. He has thereby assessed the Organisation's interests and made an exercise of discretion with which the Tribunal may not interfere in the circumstances of this case."
Keywords:
complaint; direct appeal to tribunal; discretion; executive head; failure to answer claim; iloat statute; implied decision; internal appeal; internal remedies exhausted; judicial review; organisation's duties; organisation's interest; procedure before the tribunal; right of appeal;
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 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 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is challenging the implied rejection of a claim which he put to the Director-General but met with silence. The appeals body agreed to examine his appeal but the Director-General considered it irreceivable. The organization argues that no implied rejection arises from the Director-General's failure to answer a claim which he did not consider specific enough. Although the text of his claim is "somewhat vague about just what sort of action he wants, he makes it quite clear he is expecting redress for injury he blames on the organization. His letter therefore meets the requirements of the precedents actually cited by the defendant, which say that the staff member may infer rejection only when he has put formal claims plainly stating the nature of his demands."
Keywords:
case law; condition; failure to answer claim; implied decision;
Judgment 1229
74th Session, 1993
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant impugns the implied rejection which he infers from the organisation's silence on an internal complaint he logded against its refusal to take account of university degrees which he acquired while in the organisation's employ. Eurocontrol submits that the complaint is irreceivable on the grounds that a "complaint" may only be directed against an act adversely affecting an official. The Tribunal holds that "the complainant's letters to the Director General were mere statements of grievances that had no particular purpose" since he does not identify any duty towards him under the general conditions of employment that Eurocontrol may have failed to discharge there cannot have been any "act adversely affecting" him and for want of an appealable decision, even implied, his complaint is irreceivable.
Keywords:
absence of final decision; career; cause of action; decision; degree; failure to answer claim; implied decision; receivability of the complaint;
Judgment 1176
73rd Session, 1992
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"The complainant has brought two similar complaints challenging [the same] decision. [...] He explains that since the time limit for answering his internal appeal ran out [...] he inferred rejection and filed a complaint. He then left on holiday and not until he got back - by which time his first complaint had already been filed - did he receive the letter of rejection. So it was only by way of precaution that he filed the second complaint, within the time limit, against that express decision. In the circumstances the two complaints are receivable and may be joined."
Keywords:
complaint; decision; express decision; failure to answer claim; implied decision; joinder; receivability of the complaint; time limit;
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