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Organisation's duties (202, 203, 204, 205, 206, 207, 208, 645,-666)

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Keywords: Organisation's duties
Total judgments found: 652

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  • Judgment 2912


    109th Session, 2010
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The fact that the Staff Regulations of the Federation require express reference to terms of appointment, or to provisions of the Staff Rules or Staff Regulations for the filing of an internal appeal, does not exclude appeals based on a breach of general principles of law from the competence of the Joint Appeals Commission. An international organisation must comply with these principles, inter alia, in its relations with its staff and an internal appeal body is necessarily competent to review such compliance. [...] Article II, paragraph 5, of [the Tribunal's] Statute similarly stipulates that the Tribunal is competent to hear 'complaints alleging non-observance, in substance or in form, of the terms of appointment of officials [of the Federation] and of provisions of the Staff Regulations'. But naturally these provisions have never prevented the Tribunal from ruling on breaches of general principles of law."

    Reference(s)

    ILOAT reference: Article II, paragraph 5, of the Statute

    Keywords:

    breach; competence; competence of tribunal; complaint; condition; contract; formal flaw; general principle; iloat statute; internal appeal; internal appeals body; organisation's duties; provision; right; staff regulations and rules; working relations;



  • Judgment 2907


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "According to the Tribunal's case law, international organisations may undertake restructuring by reducing or reassigning their staff, even for the sole purpose of making budgetary savings (see, for example, Judgment 2156, under 8). However, each and every individual decision adopted in the context of such restructuring must respect all the pertinent legal rules and in particular the fundamental rights of the staff concerned."

    Reference(s)

    ILOAT Judgment(s): 2156

    Keywords:

    budgetary reasons; case law; consequence; due process; implied decision; official; organisation; organisation's duties; reassignment; reorganisation; right; staff reduction; written rule;



  • Judgment 2906


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "Even though [...] the Organisation was entitled to reverse the decision wrongly promoting the complainant to grade A5, the factual error on which its initial decision rested was nonetheless negligent. By submitting a draft decision whose content had not been properly checked for signature by the President, the services of the Organisation displayed gross negligence, which is even less excusable in view of the fact that individual decisions on promotion are of a particularly sensitive nature. The complainant obviously had cause to be extremely disappointed because, having been notified of this decision, he was then told that it had been reversed and that he had been promoted simply to grade A(2). By proceeding in this manner the EPO breached the duty which the Tribunal's case law establishes for every international organisation not to cause its staff unnecessary injury (see, for example, Judgments 1526, under 3, or 2007, under 11)."

    Reference(s)

    ILOAT Judgment(s): 1526, 2007

    Keywords:

    decision; individual decision; injury; mistake of fact; negligence; organisation's duties; promotion; staff member's interest;

    Consideration 17

    Extract:

    "The various paths to promotion within an international organisation such as the EPO are regulated by complex rules with which the staff cannot be assumed to be fully conversant and it is plainly up to the Organisation to ensure that the decisions which it takes in this respect are lawful."

    Keywords:

    organisation; organisation's duties; procedure before the tribunal; promotion; staff member's duties; staff regulations and rules;



  • Judgment 2904


    108th Session, 2010
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 14 and 15

    Extract:

    The complainant claims compensation for the overall delay involved in this matter.
    "As for the internal appeal process, the Tribunal recalls that the Organization has a duty to maintain a fully functional internal appeals body. Thus, the Committee's statement that 'the alleged delays could not be ascribed to it as they were due to the need for arranging election of new members to the Appeals Committee and the time requirements for this' does not relieve the Organization from responsibility for the delay in the process. According to well-established case law, '[s]ince compliance with internal appeals procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). The first appeal lasted for approximately 16 months, even though it hinged on the simple question of receivability. The entire process to date has stretched over eight years. In the circumstances, the complainant is entitled to be compensated in the amount of 4,000 euros for this delay."

    Reference(s)

    ILOAT Judgment(s): 2197

    Keywords:

    administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; moral injury; organisation's duties; reasonable time;



  • Judgment 2902


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 and 14

    Extract:

    "The complainant argues that the Organization breached its duty of care in failing to accommodate him in another post or in a manner less drastic than the non-renewal of his appointment. [...]
    The Organization had no obligation under the 200 Series of the Staff Rules to find an alternative post for the complainant. However, it had a duty to explore with him possible options prior to his separation. The failure to do so was an affront to his dignity and showed a lack of respect for him as a highly regarded long-serving staff member."

    Keywords:

    abolition of post; compensation; non-renewal of contract; organisation's duties; project personnel; reassignment; reorganisation; respect for dignity; seniority; staff regulations and rules; status of complainant;



  • Judgment 2899


    108th Session, 2010
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 30

    Extract:

    "[T]he right to be heard must be respected in an especially rigorous manner in disciplinary proceedings."

    Keywords:

    disciplinary procedure; organisation's duties; right to reply;

    Consideration 20

    Extract:

    "[T]he Tribunal's case law has it that an international organisation which has mistakenly overpaid an official must take into account any circumstances which would make it unfair or unjust to require repayment of the sum in question - at least the full amount thereof. Relevant circumstances include the good or bad faith of the staff member, the sort of mistake made, the respective responsibilities of the organisation and the person concerned for the causes of the mistake and the inconvenience to which the staff member would be put by repayment that is required as a result of the organisation's oversight (see Judgments 1111, under 2, and 1849, under 16 and 18)."

    Reference(s)

    ILOAT Judgment(s): 1111, 1849

    Keywords:

    case law; cause; condition; consequence; equity; good faith; liability; mistake of fact; official; organisation; organisation's duties; recovery of overpayment; refund; request by a party;



  • Judgment 2895


    108th Session, 2010
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 19 and 20

    Extract:

    The complainant challenged WHO's decision to "waive" in her case the medical examination on separation provided for in Staff Rule 1085. The Tribunal held that the exit medical examination is a mandatory part of the separation protocol. It awarded the complainant moral damages.
    "Staff Rule 1085 reads:
    "A staff member shall be examined immediately prior to his departure by the Staff Physician or by a physician designated by the Organization. If a staff member fails to undergo this medical examination within a reasonable time limit fixed by the Organization, then claims against the Organization arising out of illness or injury which allegedly occurred before the effective date of separation shall not be entertained; furthermore, the effective date of separation shall not be affected."
    "The wording of the above provision makes it clear that a medical examination is mandatory. It follows from the mandatory nature of the medical examination on separation, coupled with the fact that it engages the interests of both parties and not just those of the Organization, that WHO could not unilaterally decide that in the circumstances the requirement of Staff Rule 1085 had been fulfilled. Although that rule contemplates the situation where a staff member fails to undergo the exit medical examination, it also sets out the potentially adverse consequence that the lack of such an examination may have for the staff member in question."

    Reference(s)

    Organization rules reference: Staff Rule 1085

    Keywords:

    medical examination; organisation's duties; separation from service; staff member's duties; staff member's interest;

    Consideration 22

    Extract:

    "The Organization's assertion that the complainant did not specifically request to have an exit medical examination is correct. However, the exit medical examination requirement is not contingent on a staff member requesting to have the examination; it is a mandatory part of the separation protocol."

    Keywords:

    medical examination; organisation's duties; separation from service; staff member's duties; staff member's interest;

    Consideration 23

    Extract:

    "The Tribunal finds that WHO's unilateral decision to "waive" the exit medical examination constitutes a violation of Staff Rule 1085. It also finds that, although there is no evidence that the decision was motivated by malice, the manner in which the Organization dealt with this issue was an affront to the complainant's dignity."

    Keywords:

    medical examination; organisation's duties; respect for dignity; separation from service; staff member's duties; staff member's interest;



  • Judgment 2893


    108th Session, 2010
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant submits that in reaching its opinion the Joint Committee for Disputes did not afford him due process since he was not given an opportunity to put his case himself, or to present oral submissions through counsel, and that he was thus denied the opportunity to exercise his right to be heard.
    "This line of argument is unfounded. Neither the legal provisions governing Eurocontrol's Joint Committee for Disputes nor the general principles applicable to such an appeal body require that a complainant be given an opportunity to present oral submissions in person or through a representative. As the Tribunal has already had occasion to state in Judgment 623, all that the right to a hearing requires is that the complainant should be free to put his case, either in writing or orally; the appeal body is not obliged to offer him both possibilities. As the Committee considered that it had gleaned sufficient information about the case from the parties' written submissions and documentary evidence, it was under no obligation to invite the complainant to put his case orally, or indeed to accede to any request to that effect (for similar cases, see Judgments 232, 428 and 1127). Moreover, the Tribunal notes that in this case the complainant did not indicate in his internal complaint, or subsequently announce, that he wished to present oral submissions to the Committee and that, contrary to his assertions, the Agency was under no duty to inform him expressly of the possibility of making such a request."

    Reference(s)

    ILOAT Judgment(s): 232, 428, 623, 1127

    Keywords:

    breach; condition; counsel; elements; flaw; general principle; internal appeal; internal appeals body; no provision; oral proceedings; organisation's duties; report; request by a party; right to reply;



  • Judgment 2889


    108th Session, 2010
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 7

    Extract:

    "In accordance with the Tribunal's case law, at the stage of execution of a judgment by the parties, and likewise in the context of an application for execution, the judgment has res judicata authority and must be executed as ruled (see, for instance, Judgment 1887, under 8). An exception must, however, be made to this principle when execution proves to be impossible owing to facts of which the Tribunal was unaware when it adopted its judgment."

    Reference(s)

    ILOAT Judgment(s): 1887

    Keywords:

    application for execution; date; exception; execution of judgment; general principle; judgment of the tribunal; organisation's duties; res judicata; staff member's duties;



  • Judgment 2884


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13 and 16-18

    Extract:

    "The complainant submits that the selection procedure was flawed. The failure to indicate in the vacancy notice that there would be an individual assessment performed by a consulting firm and the failure to include the particular management skills that would be assessed by the firm constitute, in her view, a violation of Articles 2 and 5 of Annex II to the Service Regulations. She adds that it follows from the flaws in the notice that there was a lack of information concerning the kinds of tests the competition would be based on, as required by Annex II."
    "The Tribunal considers that the Internal Appeals Committee erred in law in finding that the failure to indicate that an individual assessment would be performed by a third party in the vacancy notice did not constitute a breach of the applicable Service Regulations. In essence, the Committee found that, in view of the nature of the position being filled, the complainant's seniority and the widespread use being made of assessment centres, the complainant would have known that an assessment in such circumstances formed part of the selection procedure. The fundamental flaw in this reasoning is that these are irrelevant considerations in relation to the legal question as to whether the Service Regulations require the use of an assessment centre to be included in a vacancy notice."
    "Article 2 of Annex II to the Service Regulations requires that a notice of competition must specify, among other things, "the kind of competition (whether on the basis of either qualifications or tests, or of both qualifications and tests)" and "where the competition is on the basis of tests, what kind they will be and how they will be marked"."
    "As the individual assessment performed by the consulting firm was, at least in part, a testing mechanism, the failure to mention it in the vacancy notice constitutes a breach of Article 2 of Annex II."

    Keywords:

    breach; competition; flaw; organisation's duties; staff regulations and rules; vacancy notice;



  • Judgment 2883


    108th Session, 2010
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 10

    Extract:

    The complainant joined the Organisation under a three-year fixed-term contract. The first six months of his appointment constituted a probationary period, which was extended for an additional three months.
    "The Tribunal is of the opinion that the Director-General's decision not to renew the complainant's contract is based on errors of fact and law, and must therefore be set aside."
    "The Tribunal holds that reinstatement, which could only be as a probationer without any guarantee of confirmation, would raise practical difficulties because of the time that has elapsed since the termination of the complainant's appointment and the scheduling conflicts that may occur between the training courses and the new probationary period [...]. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages in the amount of 35,000 euros for the loss of a valuable opportunity to have his appointment confirmed."

    Keywords:

    discretion; judicial review; non-renewal of contract; organisation's duties; probationary period; reinstatement; unsatisfactory service;



  • Judgment 2882


    108th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Although rules of procedure must be strictly complied with, they must not be construed too pedantically or set traps for staff members who are defending their rights. If these staff members break such a rule, the penalty must fit the purpose of the rule. Consequently, a staff member who appeals to the wrong body does not on that account forfeit the right of appeal (see Judgments 1734, under 3, and 1832, under 6). [...] The fact that an appeal is mistakenly submitted directly to the Appeal Board, as occurred in this case, cannot entail the irreceivability of the appeal. The Appeal Board has a duty to forward to the Director General any document which is intended for his attention and which has been sent to it in error, in order that it may be treated as a request for review."

    Reference(s)

    ILOAT Judgment(s): 1734, 1832

    Keywords:

    breach; due process; executive head; formal requirements; good faith; internal appeal; internal appeals body; interpretation; organisation's duties; proportionality; purpose; receivability of the complaint; right of appeal; staff member's duties; written rule;



  • Judgment 2880


    108th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Application for execution of Judgment 2706 - In Judgment 2706 the Tribunal ordered the Organization inter alia to review the classification of the complainant's post and, if appropriate, to promote her. As a result of the imposition of disciplinary sanctions, including relegation and a ban on promotion for a consecutive period of three years, the complainant was not promoted. The Tribunal granted the application for execution and ordered that the application for promotion be properly considered.
    "The Tribunal [...] wishes to clarify [...] the meaning of the phrase "le cas échéant" in the authoritative French text of its orders in Judgment 2706. Having regard to the context in which it is used and the instructions given by the Tribunal in Judgment 2706, under 15, it is clear that the order means that "if the required conditions are met" or "in such a case" the complainant is to be promoted. That is, the Director General is to base his decision on relevant materials, namely the proposals of the Classification Committee and the Promotion Advisory Board."

    Reference(s)

    ILOAT Judgment(s): 2706

    Keywords:

    application for execution; order; organisation's duties;



  • Judgment 2878


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant asks the Tribunal to quash the decision dismissing his appeal as irreceivable. He submits in particular that Staff Rule 212.02 is not applicable in his case because he was in the process of negotiating a new contract with the Organization and therefore the deadline should have been suspended. He also submits that there was a breach of the principles of good faith, of legitimate expectation, of the duty of care and of respect for dignity.
    "[T]here was no reason why the complainant could not submit his request for review within the 60-day time limit provided for in Staff Rule 212.02, and withdraw it later if necessary. The Joint Appeals Board was correct in recommending that his appeal be dismissed as time-barred. So far as concerns the applicable time limits, there was no breach of the principles of good faith, legitimate expectation, respect for dignity, or duty of care. The complainant refers to Judgment 2584 [...]. However, [...] in the present case there was only one official communication from the Organization to the complainant between the date of the letter notifying him of the decision not to further extend his contract [...] and the date of his letter requesting the Director-General to review that decision [...]. This cannot be construed, as claimed by the complainant, as an initiation of settlement negotiations which could have suspended the time limit for submission of a request to review the decision."

    Reference(s)

    ILOAT Judgment(s): 2584, 2841

    Keywords:

    breach; delay; duty of care; good faith; internal appeal; non-renewal of contract; organisation's duties; proposal; respect for dignity; settlement out of court; staff regulations and rules; time limit;

    Consideration 10

    Extract:

    "The Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner as the internal appeal process lasted for approximately 21 months, which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability (see Judgment 2841, under 9). Therefore the Tribunal awards the complainant 1,500 euros in damages."

    Reference(s)

    ILOAT Judgment(s): 2841

    Keywords:

    administrative delay; delay; internal appeal; material damages; organisation's duties; reasonable time; receivability of the complaint; time limit;



  • Judgment 2877


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    In their capacity as staff representatives, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee. The Tribunal held that to the extent that the new specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office it should have been referred to the General Advisory Committee.
    "It is trite law that "where a final decision refuses, to a staff member's detriment, to follow a favourable recommendation of the internal appeal body such decision must be fully and adequately motivated" (see Judgment 2339, under 5). It is equally well established that if reasons are required, the reasons must be sufficiently clear, precise and intelligible so that a complainant knows why the appeal has been rejected and he is in a position to assess whether a complaint should be filed with the Tribunal."

    Reference(s)

    ILOAT Judgment(s): 2339

    Keywords:

    decision; duty to inform; duty to substantiate decision; judicial review; organisation's duties; right; staff member's interest;

    Consideration 23

    Extract:

    "In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."

    Reference(s)

    ILOAT Judgment(s): 2875

    Keywords:

    advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;



  • Judgment 2876


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    In their capacity as staff representatives, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
    "In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."

    Reference(s)

    ILOAT Judgment(s): 2875

    Keywords:

    advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;



  • Judgment 2875


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    In their capacity as members of the General Advisory Committee, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
    "[T]o the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]."

    Reference(s)

    Organization rules reference: Article 10(2) Pension Scheme Regulations; Articles 1(5) and 38(3) Service Regulations for Permanent Employees of the European Patent Office

    Keywords:

    advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;



  • Judgment 2874


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The Tribunal held that “Article 38(3) does of course […] apply to cases where the Service Regulations and Pension Scheme Regulations are to be amended or ‘implementing rules’ are to be made, and the legal status of staff is thereby to be affected. But it goes further: it applies to cases where ‘any proposal’ is made ‘which concerns the whole or part of the staff’. So it casts a wide net that goes beyond mere changes in legal provisions.” The Tribunal has also held that “Article 38(3) does not interfere with the President’s exercise of his decision-making authority, but seeks to ensure that the proposal shall go through a formal process in which the staff have a right to be consulted through the General Advisory Committee” (see Judgment 1488, under 9 and 10). Furthermore, in accordance with the provision of Article 10(2) of the European Patent Convention, the President “shall take all necessary steps to ensure the functioning of the European Patent Office, including the adoption of internal administrative instructions and information to the public”, and unless otherwise stipulated in the Convention “he shall prescribe which acts are to be performed at the European Patent Office in Munich and its branch at The Hague respectively”. The exercise of these powers is, thus, subject to Article 38(3) of the Service Regulations and the GAC must be consulted on “any proposal which concerns the whole or part of the staff”.

    Reference(s)

    ILOAT Judgment(s): 1488

    Keywords:

    consultation; organisation's duties; staff representative; staff union;



  • Judgment 2865


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Administrative authorities and organs have a duty to ensure, without prompting, that their procedures are properly conducted. It cannot be argued that a staff member has breached the principle of good faith by failing to request that these procedures be expedited. Indeed, a host of reasons connected with the employment relationship may explain that person's reluctance to chase up the advisory or decision-making organ."

    Keywords:

    administrative delay; advisory body; breach; due process; executive body; general principle; good faith; grounds; internal appeals body; official; organisation's duties; request by a party; working relations;

    Consideration 7

    Extract:

    "[T]he date on which an employee takes up his or her duties depends on the number of staff the Organisation needs in order to function efficiently, which is a matter lying within its discretionary authority. Of course this does not exempt it from objectively weighing its own interests against those of the new recruit. In particular, it must not act arbitrarily or abuse its authority."

    Keywords:

    abuse of power; appointment; bias; date; discretion; misuse of authority; organisation's duties; organisation's interest; staff member's interest;



  • Judgment 2863


    108th Session, 2010
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was notified of the decision he impugns before the Tribunal on 11 March 2008 and filed his complaint against the Eurocontrol Agency on 11 June 2008. The Agency contends that the complainant had three months as from 11 March 2008 to submit a complaint to the Tribunal in accordance with Article 93(3) of the Staff Regulations governing officials of the Eurocontrol Agency.
    "The Tribunal draws attention to the fact that the conditions for the receivability of complaints submitted to it are governed exclusively by the provisions of its own Statute. An organisation which has recognised the jurisdiction of the Tribunal may not depart from the rules which it has thus accepted. Article VII, paragraph 2, of the Statute of the Tribunal stipulates that '[t]o be receivable, a complaint must [...] have been filed within ninety days after the complainant was notified of the decision impugned or, in the case of a decision affecting a class of officials, after the decision was published'.
    It is therefore unlawful for Article 93 to set a different time limit for filing a complaint with the Tribunal by specifying that this must be done within three months rather than within ninety days. In the instant case the complainant, who was notified of the impugned decision on 11 March 2008, had ninety days to refer the matter to the Tribunal. While he is quite right in arguing that this period of time began on the day after that on which he had received notification and not on the date of notification itself, in accordance with the Tribunal's case law, his complaint is nonetheless time-barred, since this ninety-day period expired on 10 June. His complaint filed on 11 June 2008 was lodged on the ninety-first day after the day following that on which he was notified of the decision."

    Reference(s)

    ILOAT reference: Article VII, paragraph 2, of the Statute
    Organization rules reference: Article 93(3) of the Staff Regulations governing officials of the Eurocontrol Agency

    Keywords:

    complaint; condition; date; date of notification; difference; flaw; general decision; iloat statute; individual decision; organisation's duties; publication; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit; written rule;

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Last updated: 20.05.2024 ^ top