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Internal remedies not exhausted (779,-666)
You searched for:
Keywords: Internal remedies not exhausted
Total judgments found: 39
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Judgment 4466
133rd Session, 2022
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to issue a first formal written warning of unsatisfactory performance and to initiate the procedure for addressing unsatisfactory performance.
Consideration 7
Extract:
In consideration 8 of Judgment 3967 the Tribunal held that the warning letter issued in that case (which was similar to that issued to the complainant in the present case) was not an act that could be challenged before the Tribunal as it is merely a step in the process that culminates in a staff report. Based on this case law, the complaint is irreceivable in accordance with Article VII, paragraph 1, of the Tribunal’s Statute.
Reference(s)
ILOAT Judgment(s): 3967
Keywords:
internal remedies not exhausted; performance evaluation; receivability of the complaint; step in the procedure; warning;
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; performance evaluation; warning;
Judgment 4446
133rd Session, 2022
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Human Resources Department’s decision to close her complaint reporting “[c]oncerns leading to [her] decision to not renew [her] contract” and bullying.
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; receivability of the complaint;
Judgment 4443
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant argues that the President’s withdrawal of the final decision on his appeal was unlawful, that the referral of the appeal back to the Appeals Committee was equally unlawful, and that the Tribunal was wrong in considering the list of withdrawn decisions which had been provided, without consulting him, by the EPO.
Consideration 11
Extract:
The claims underlying [this] complaint will never be examined by the Tribunal, not because there was a procedural trap, but because the complainant insisted on his own incorrect interpretation of the legal implications of the Tribunal’s decisions in Judgments 3694 and 3785. He simply refused to participate in the internal appeal procedure and failed to impugn the final decision adopted at the end of that procedure. It is firmly established in the case law that, in order to comply with Article VII, paragraph 1, of the Statute of the Tribunal, which provides that a complaint will not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations, the complainant must follow the available internal appeal procedures properly (see, for example, Judgments 3296, consideration 10, and 3749, consideration 2). The case law further states that a staff member of an international organisation cannot of her or his own initiative evade the requirement that internal remedies must be exhausted prior to filing a complaint with the Tribunal (see Judgments 4056, consideration 4, 3458, consideration 7, 3190, consideration 9, and 2811, considerations 10 and 11, and the case law cited therein). In the circumstances of this case, the complainant has only himself to blame for the fact that his claims will not be examined.
Reference(s)
ILOAT Judgment(s): 2811, 3190, 3296, 3458, 3694, 3749, 3785, 4056
Keywords:
internal remedies not exhausted;
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; summary procedure;
Judgment 4426
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to retroactively promote her while she was on sick leave.
Consideration 9
Extract:
Consistent principle has it that a complainant must comply with the time limits and the procedures, as set out in the organisation’s internal rules and regulations and that, where a complainant does not comply with prescribed time limits for lodging a request for review, a grievance and/or an appeal, the complaint may be irreceivable for the complainant’s failure to exhaust all internal means of redress in accordance with Article VII, paragraph 1, of the Tribunal’s Statute (see, for example, Judgments 4103, consideration 1, and 4221, consideration 8).
Reference(s)
ILOAT Judgment(s): 4103, 4221
Keywords:
internal remedies not exhausted; late appeal; time bar;
Consideration 10
Extract:
The case law recognizes that, in very limited circumstances, an exception may be made to the requirement of strict adherence to the relevant time limits. These include instances in which some new and unforeseeable fact of decisive importance has occurred since the decision was taken, or where the staff member concerned by that decision is relying on facts or evidence of decisive importance of which she or he was not and could not have been aware before the decision was taken (see, for example, Judgments 3903, consideration 6, and 4118, consideration 4).
Reference(s)
ILOAT Judgment(s): 3903, 4118
Keywords:
exception; internal remedies not exhausted; late appeal;
Judgment 4422
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants are former permanent employees of the European Patent Office who challenge their January 2014 and subsequent payslips showing an increase in their pension contributions.
Consideration 7
Extract:
The complainants question aspects of the Tribunal’s case law and previous judgments. Mr K., in particular, refers to attempts he made to reach an amicable settlement in various cases he had with the EPO. He also seems to suggest that the Tribunal should report an allegation which he makes in his additional submissions to the German authorities. The Tribunal will not advert to these and other statements which are outside the scope of the present complaints.
Keywords:
competence of tribunal; internal remedies not exhausted;
Judgment 4374
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decisions to abolish their posts and terminate their appointments.
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; late appeal;
Judgment 4340
131st Session, 2021
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director General’s decision not to provide her with a copy of the decision taken on her request for review previously sent to her by e-mail.
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; late appeal; notification by email;
Judgment 4324
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The applicant seeks execution in full of Judgments 3045 and 3792 and recognition that the disease which led to his invalidity status is occupational.
Consideration 13
Extract:
The Tribunal recalls that it is firmly established that a staff member may not on her or his own initiative evade the requirement to exhaust internal means of redress before filing a complaint with the Tribunal (see Judgments 2811, considerations 10 and 11, 3190, consideration 9, 3458, consideration 7, and 3947, consideration 4). It is true that where an internal appeal procedure is paralysed over an exceedingly long period, the Tribunal will allow a complainant to refer a matter directly to it. However, that case law is not applicable where, as in this case, the complainant of her or his own accord refrains from bringing internal proceedings on the basis that previous appeals have been handled unreasonably slowly, even where this is proven.
Reference(s)
ILOAT Judgment(s): 2811, 3190, 3458, 3947
Keywords:
internal remedies not exhausted;
Judgment 4319
130th Session, 2020
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the designation of his reporting and countersigning officers for a staff report.
Consideration 6
Extract:
As the Tribunal recalled in Judgment 4056, consideration 5, a staff member of an international organisation cannot of her or his own initiative evade the requirement that internal remedies must be exhausted prior to filing a complaint with the Tribunal.
Reference(s)
ILOAT Judgment(s): 4056
Keywords:
internal remedies not exhausted;
Judgment 4285
130th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests what she considers to be UNESCO’s failure to respect her right to sick leave and medical privacy.
Consideration 12
Extract:
The Tribunal has constantly held that a complaint will not be receivable “if the underlying internal appeal was not filed within the applicable time limits” (see Judgment 3758, consideration 10, and the cases cited therein). As the complainant did not exhaust the internal means of redress regarding the ICTP Medical Service’s unsuccessful attempt to contact her physician, as required in Article VII, paragraph 1, of the Tribunal’s Statute, the complaint is irreceivable.
Reference(s)
ILOAT Judgment(s): 3758
Keywords:
internal remedies not exhausted; late appeal; receivability of the complaint;
Judgment 4280
130th Session, 2020
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to grant him a retirement pension.
Consideration 3
Extract:
The complaint is irreceivable in accordance with Article VII, paragraph 1, of the Statute of the Tribunal which provides that “[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”. The complainant has not complied with the provisions of Articles 92(2) and 93 of the Staff Regulations, which require that an internal complaint against an act adversely affecting him be submitted to the Director General within three months, and that an appeal to the Tribunal be allowed only if the internal complaint filed pursuant to Article 92(2) has been rejected by express or implied decision. The letter of 26 April 2018 cannot be considered as a final decision within the meaning of Article VII, paragraph 1, of the Statute of the Tribunal. Given that the internal means of redress are open to former Eurocontrol officials, the complainant should have requested a review of the decision by the Director General in accordance with the Staff Regulations.
Keywords:
internal remedies not exhausted; receivability of the complaint;
Judgment 4001
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to confirm the appointment of Ms S. to the post of Head of the Caribbean Section.
Consideration 7
Extract:
[T]he complainant challenged [the] decision in this complaint on a number of grounds. Some of those grounds are beyond the scope of the present complaint, which is solely concerned with the decision not to select the complainant to fill the contested post. The complainant challenges, for example, the reclassification of his post in the reorganized Caribbean Unit/Section. However, that is the central challenge in his first complaint and is beyond the scope of the present complaint. It will therefore not be considered in this judgment.
The complainant also challenges the reorganization of the Caribbean Unit/Section and the creation of the new post of Head of the Caribbean Section; the definition of his role in the newly created Section and what he describes as the effective abolition of his post as a result of the creation of the post of Head of the Caribbean Section which he alleges has identical functions to those which he carried out as Head of the Caribbean Unit. The Tribunal observes that the complainant did not challenge these decisions internally within the required time. He therefore did not exhaust his internal remedies in relation to these matters, as Article VII, paragraph 1, of the Statute of the Tribunal requires. These grounds are irreceivable.
Keywords:
internal remedies not exhausted; receivability of the complaint;
Judgment 3873
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims compensation for various injuries that WHO allegedly caused him.
Consideration 1
Extract:
To satisfy Article VII, paragraph 1, of the Statute, which sets out that requirement, the complainant must follow the available internal appeal procedures properly and in particular observe any time limits that may be set for the purposes of those procedures (see, for example, Judgments 3296, under 10, and 3749, under 2).
Exceptions to that requirement are very limited, namely where staff regulations do not provide for an internal appeal procedure, where the complainant does not have access to an existing internal appeal procedure owing to his or her employment status, or where the parties have mutually agreed to forgo internal appeal proceedings. An exception may also be made where the complainant has initiated internal proceedings but the appeal body is unable to reach a decision without inordinate and inexcusable delay, even though the complainant has done his or her utmost to obtain a final decision (see, for example, Judgments 2912, under 6, 3397, under 1, 3558, under 9, and 3714, under 12).
The onus is on the complainant to prove that one of those conditions is satisfied.
Reference(s)
ILOAT Judgment(s): 2912, 3296, 3397, 3558, 3714, 3749
Keywords:
failure to exhaust internal remedies; internal remedies not exhausted;
Judgment 3388
118th Session, 2014
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant failed to exhaust the internal means of redress, his complaint is summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; summary procedure;
Judgment 3386
118th Session, 2014
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant failed to exhaust the internal means of redress, his complaint was summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted; summary procedure;
Judgment 3198
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks the withdrawal from his personal file of the warnings concerning his productivity.
Judgment keywords
Keywords:
cause of action; complaint dismissed; internal remedies not exhausted; personal file;
Judgment 3190
114th Session, 2013
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who challenges the non-renewal of her fixed-term contract, failed to exhaust the internal means of redress.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; internal remedies not exhausted; non-renewal of contract;
Judgment 3076
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; internal remedies not exhausted;
Judgment 2808
106th Session, 2009
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Given that the internal means of redress in relation to the allegations of a stressful and debilitating working environment and to general allegations of harassment and mobbing have not been exhausted, these allegations are irreceivable.
Keywords:
internal remedies not exhausted;
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