Procedure before the Tribunal (1, 3, 4, 18, 19, 647, 20, 92, 675, 24, 26, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 669, 680, 45, 46, 47, 48, 49, 50, 51, 108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781, 109, 738, 769, 118, 662, 737, 739, 768, 770, 838, 877, 5, 6, 7, 8, 14, 15, 16, 683, 802, 12, 13, 9, 11, 17, 567, 757, 744, 754, 803, 882, 52, 53, 54, 56, 55, 71, 73, 74, 673, 57, 58, 60, 61, 62, 63, 64, 643, 682, 65, 66, 67, 68, 69, 75, 93, 534, 535, 659, 655, 704, 705, 59, 684, 698, 706, 760, 889, 758, 759, 70, 804, 805, 806, 807, 808, 809, 810, 811, 76, 77, 78, 947, 88, 89, 656, 743, 94, 95, 96, 97, 98, 99, 734, 748, 749, 83, 935, 936, 972, 85, 25, 779, 780, 100, 102, 103, 105, 694, 699, 700, 701, 844, 702, 703, 727, 830, 861, 878, 944, 946, 948, 120, 22, 23, 121, 122, 123, 690, 871, 124, 125, 126, 842, 128, 129, 130, 131, 132, 127, 133, 134, 745, 135, 136, 137, 138, 139, 672, 825, 826, 140, 315, 644, 650, 676, 689, 692, 693, 665, 740, 886, 914, 142, 143, 144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157, 159, 158, 166, 167, 633, 795, 796, 707, 797, 798, 799, 168, 792, 169, 170, 171, 172, 674, 800, 117, 173, 160, 161, 162, 164, 165, 174, 793, 762, 593, 888, 761, 763, 764, 765, 766, 767, 21, 794, 801, 884, 916, 919, 920, 921, 922, 923, 924, 925,-666)
You searched for:
Keywords: Procedure before the Tribunal
Total judgments found: 191
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Judgment 730
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case the Tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."
Keywords:
administrative delay; complaint; exception; negligence; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; time bar;
Considerations 7-8
Extract:
"The questions of law are: 1) whether there was any obligation on the organization to assist the complainant in the prosecution of his appeal; 2) if so, whether there was a breach of that obligation. [...] The Tribunal holds that in the circumstances of this case there was an obligation forming part of the general duty which an employer owes to an employee. In many cases, for example, in a large office where there is a staff association given facilities by the organisation, the administration can properly feel that it need do nothing more. But in a small office remote from headquarters it is different."
Keywords:
complaint; duty to inform; organisation's duties; procedure before the tribunal;
Judgment 660
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In the absence of a provision which says that any decision should mention the procedure for challenging it, the organisation was not bound to indicate in its decision [...] on the internal 'complaint' the possibility of challenging it before the Tribunal. Such information would, however, have been desirable since the distinction between a 'request' and a 'complaint' under [Staff Regulations] is not obvious. in giving such information the organisation would indeed have been following the practice in other organisations."
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 659
56th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 660, consideration 4.
Reference(s)
ILOAT Judgment(s): 660
Keywords:
decision; duty to inform; internal appeal; no provision; procedure before the tribunal; right of appeal;
Judgment 620
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The internal proceedings began on 30 September 1974 and ended on 8 April 1983. The original decision was not taken until 8 September 1976. Two years passed before the medical experts delivered their findings. Still more time elapsed before the Advisory Committee and the Appeals Committee made their recommendations. "This is no ordinary lapse of time. [...] The delay was largely the FAO's own fault. That is not, however, a decisive point since there is no evidence to suggest that the medical experts' findings would, if delivered earlier, have been any different."
Keywords:
administrative delay; flaw; procedure before the tribunal;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
On the matter of renewal, the Director-General has wide discretion, while the Tribunal's power of review is limited. "This relates to questions of substance, but not procedural rules, which are never applicable at discretion. To rule otherwise would increase the risk of dispute. To avoid being time-barred staff members would make a practice of filing claims, although very often the cumbersomeness of administration is wholly to blame for the tardy decision."
Keywords:
contract; discretion; fixed-term; judicial review; limits; non-renewal of contract; procedure before the tribunal;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The purpose of the procedural rules the Tribunal applies is to enable the parties not only to submit full pleadings but also to hold an exchange of briefs in which they enjoy complete freedom of speech. [...] As a rule the Tribunal allows each side to file no more than two briefs and closes the written proceedings after the defendant has filed the surrejoinder. only in exceptional cases does it admit further material."
Keywords:
additional written submissions; closure of written proceedings; exception; procedure before the tribunal; submissions;
Judgment 576
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
When the complainant received the personal report, he did not add his own comments. He by-passed the largely informal discussion stage by prematurely filing a notice of appeal. "He thereby interrupted the procedure for preparation of the final text, and only that text constitutes a decision. [He] did no more than challenge a preliminary act, and his present claim to have it set aside is irreceivable."
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal; rebuttal;
Judgment 570
51st Session, 1983
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The procedure "open to an applicant or complainant when the surrejoinder contains an irregularity or states a material fact not previously mentioned which the applicant/complainant wishes to challenge [...] is [...] to notify the registrar without any accompanying argument that he objects to the irregularity or disputes the fact, as the case may be. If then the Tribunal considers that further pleadings are necessary, the President will notify the parties in accordance with Article 9(2) of the Rules."
Reference(s)
ILOAT reference: ARTICLE 9, PARAGRAPH 2, OF THE RULES
ILOAT Judgment(s): 507, 508
Keywords:
additional written submissions; further submissions; iloat statute; procedure before the tribunal;
Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Insofar as a provision of the Service Regulations purports to provide that failing a decision by the President on an internal appeal within two months, a complaint may be duly filed with the Tribunal, "the provision must be treated as invalid because this is a matter of procedure which only the Tribunal's own Statute and Rules of court can settle."
Keywords:
competence of tribunal; difference; iloat statute; precedence of rules; procedure before the tribunal; provision; staff regulations and rules; time limit;
Consideration 1
Extract:
The declaration of recognition mentioned in Article II, paragraph 5, of the Statute of the Tribunal "recognises not only the Tribunal's competence but also the applicability of its Rules of court. An organisation which makes such a declaration accepts the provisions of the Statute and the Rules of court, and any provisions in its own rule book on the receivability of complaints filed with the Tribunal are of no effect, whether they comply with the Tribunal's rules or not."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords:
consequence; declaration of recognition; difference; enforcement; iloat statute; precedence of rules; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The function of the Tribunal is to do justice between the parties according to the merits of the case but subject to the rules of procedure by which it is governed. The rules as to receivability, which are procedural rules, are designed to protect the organisation against what might be a greater injustice to it if access to the Tribunal was totally unrestricted."
Keywords:
competence of tribunal; procedure before the tribunal; purpose;
Judgment 488
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"On his last return to headquarters the complainant was not selected for any of the P.5 posts which were vacant at the time and in which he expressed interest. But the posts were filled in accordance with the normal selection procedure, the complainant's applications being considered together with the others, and the Tribunal holds that the procedure followed by the organization was correct and that there was no breach of any of the applicable rules."
Keywords:
appointment; assignment; headquarters; judicial review; procedure before the tribunal; transfer; vacancy;
Judgment 466
47th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although there was no internal appeal, there has been no breach of Article VII[1] of the Statute of the Tribunal, which the organisation itself believes to be inapplicable to this case." The organisation pointed out that the usual internal remedies were not applicable inasmuch as there was a special procedure involving a reports board which had expressed its opinion on the case. The filing of an internal appeal would probably not have affected the outcome of the complainant's situation.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
exception; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal;
Judgment 461
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant did not file his internal appeal through the usual channels set out in the Staff Regulations. Besides, for there to be an appeal the person concerned must have clearly indicated his intention to challenge the decision to which he objects.
Keywords:
condition; internal appeal; procedure before the tribunal; receivability of the complaint;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"There may be either one or two stages in review proceedings. The Tribunal will first determine whether the plea is admissible. If it is not, the Tribunal will dismiss the application without looking further. If it holds any of the pleas to be admissible, it will then reconsider its judgment on the basis of the evidence adduced in the review proceedings. Those are the only circumstances in which the Tribunal will hear the complainant's submissions on the merits."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; claim; elements; judgment of the tribunal; procedure before the tribunal; receivability of the complaint;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
the staff regulations make no special provisions about the way in which a decision not to renew a contract is to be taken. the director-general had set up a working party to advise him on the matter of staff reductions. the instructions to the working party cannot in the opinion of the tribunal be read as requiring it to apply the statutory procedure appropriate to decisions concerning termination of appointment in the event of staff reductions.
Keywords:
abolition of post; contract; fixed-term; no provision; non-renewal of contract; procedure before the tribunal; staff reduction;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The provision concerning the publication of a vacancy notice and consultation of the Appointment and Promotion Board "applies [...] to posts put up for open competition both within and outside the organisation. But the organisation's purpose was merely to alter the position of serving officials by giving them new duties or higher grades."
Keywords:
organisation's duties; procedure before the tribunal; reorganisation;
Consideration 1
Extract:
The organisation maintains that the complaint is irreceivable because the Internal Board ought not to have heard the appeal and the means of redress open to the complainant were not duly exhausted. "Although the Appeal Board did not comply strictly with the letter of the rules of procedure, it did, as it states, respect their spirit. [...] The Appeal Board must be allowed some discretion in construing the internal rules of procedure and therefore cannot be taken to task for breach of those rules."
Keywords:
internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; procedure before the tribunal; receivability of the complaint;
Judgment 392
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal believes that there was no abandonment of post because the complainant challenged her assignment in the prescribed manner. The decision is therefore quashed. "To succeed in a claim for reinstatement or compensation, [the complainant] would have to satisfy the Tribunal that the assignment was in fact invalid; the Tribunal in its Judgment No. 375 has decided the contrary."
Reference(s)
ILOAT Judgment(s): 375
Keywords:
abandonment of post; assignment; procedure before the tribunal; refusal; transfer;
Judgment 388
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
It is impossible, several years having elapsed, to determine the precise consequences of the organization's negligence. In view of the existing reservations, it is justified to award the complainant compensation ex aequo et bono. Because of the apparent reluctance of the complainant to seek employment outside the organization and the uncertainty of the effects of the organization's negligence, the Tribunal is inclined to award rather modest damages. But account must also be taken of the material and moral prejudice caused by the inordinately long internal appeal proceedings.
Keywords:
administrative delay; amount; injury; internal appeal; material injury; moral injury; negligence; organisation; procedure before the tribunal;
Judgment 333
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."
Keywords:
flaw; internal appeals body; organisation's duties; procedural flaw; procedure before the tribunal; recommendation;
Judgment 313
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The chairman of the Appeals Committee having indicated that the proceedings were suspended, the complainant filed his complaint. Subsequently, the Director-General accepted the recommendation of the Committee and dismissed the appeal. "A party should not suffer prejudice from acting on even the mistaken suggestion of an appeals body. Having followed the suggestion in the chairman's letter, the complainant cannot be taken to task for acting too soon and failing to file his complaint again after [...] the [...] decision."
Keywords:
administrative delay; direct appeal to tribunal; internal appeal; internal appeals body; late decision; procedure before the tribunal; receivability of the complaint;
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