Internal appeal (86, 87, 668, 695, 752, 783,-666)
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Keywords: Internal appeal
Total judgments found: 455
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Judgment 2025
90th Session, 2001
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complaint was transferred to the field against his liking. At the end of the internal procedure, the organisation decided to reassign him to Headquarters. "It thereby admitted [...] that it had failed to assess the complainant's circumstances with the care required by administrative decisions that affect its staff. That in itself warrants the conclusion that, even though his assignment [to Headquarters] met the complainant's wishes in part, it did not fully make up for the injury caused by his transfer [to the field]. Consequently [...] the Director-General was wrong not to award him the compensation he had claimed."
Keywords:
compensation; executive head; field; headquarters; injury; internal appeal; organisation's duties; reassignment; refusal; request by a party; transfer;
Judgment 2024
90th Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The decision of the President of the European Patent Office complies with the requests the complainant had made in her internal appeals. "Therefore, the complainant has received satisfaction and shows no cause of action with respect to the impugned decision."
Keywords:
cause of action; decision; executive head; internal appeal; lack of injury; request by a party;
Judgment 1978
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The case law has it that the exhaustion of all internal remedies is not necessary before filing an application for execution. However, the possibility of direct recourse to the Tribunal does not exclude first lodging an internal appeal (see Judgment 1887, [...] under 5, and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 1887
Keywords:
application for execution; case law; direct appeal to tribunal; internal appeal; internal remedies exhausted;
Judgment 1970
89th Session, 2000
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"A complainant cannot sit back and do nothing when an appeal is lodged. He must pursue the appeal diligently. Only then can he claim that delay is unreasonable. In the present case, the complainant failed to exhaust the means of internal appeal because he did not pursue his appeal diligently; therefore, he does not qualify to bring a direct appeal to the Tribunal."
Keywords:
absence of final decision; complaint; delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; staff member's duties; time limit;
Judgment 1968
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Receivability falls to be determined at the time that a complaint is filed, not at some later date. As at 29 July 1999 the complainant had done all that could be reasonably expected of him. He had filed his appeal in time. Approximately a year later he wrote to enquire about its progress and had been informed that the administration had done nothing but would move forward as soon as possible. He filed his complaint just over four months later having heard nothing further from the administration. At that time almost twenty months had elapsed since the original challenged decision had been published. The administration's plea that it had a heavy backlog of internal appeals to deal with may be a reason for the inordinate delay, but it is not an excuse. As at 29 July 1999, it was simply not reasonable to expect the complainant to wait any longer to see even the beginning of the end of the internal appeal procedure. If the organisation was overloaded with internal appeals, it was for it to remedy the situation rather than expect the complainant to bear the consequences."
Keywords:
absence of final decision; administrative delay; complaint; delay; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 1938
88th Session, 2000
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The fact that the [Organization] did not itself invoke [the] arbitration clause during the internal appeals procedure does not prejudice the fact that the two parties freely accepted recourse to arbitration to settle disputes arising out of the application of contractual service agreements, thereby perforce excluding them from the Tribunal's jurisdiction."
Keywords:
arbitration; competence of tribunal; internal appeal; settlement out of court;
Judgment 1897
88th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"As the organisation did not contest the receivability of a premature appeal [...] during the internal procedure, the principle of good faith prevents it from doing so subsequently."
Keywords:
good faith; internal appeal; organisation's duties; receivability of the complaint;
Judgment 1893
88th Session, 2000
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
By its Judgment 1814 the Tribunal set aside the decision rejecting the complainant's appeal and sent the case back to the organization. The Tribunal considers that "Judgment 1814 did not imply that his case succeeded on the merits; its sole objective was to send the case back to [the organization]'s competent bodies so that a lawful decision could be taken."
Reference(s)
ILOAT Judgment(s): 1814
Keywords:
case sent back to organisation; decision; decision quashed; due process; flaw; internal appeal; judgment of the tribunal; organisation's duties; purport; remand;
Judgment 1892
88th Session, 2000
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The claims relating to the failure to execute the judgment sending the case back to the organisation for a new ruling on his appeal [...] must be disallowed because the [...] procedure necessitated by the judgment quashing the original decision was [...] implemented swiftly." [After a new recommendation by the Joint Committee for Disputes, the Director General rejected the complainant's new internal appeal three and a half months after the Tribunal's judgment that was then made the subject of an application for execution.]
Keywords:
application for execution; case sent back to organisation; decision; decision quashed; delay; execution of judgment; internal appeal; judgment of the tribunal; remand; time limit;
Consideration 4
Extract:
By its Judgment 1814 the Tribunal set aside the decision rejecting the complainant's appeal and sent the case back to the organisation. The Tribunal considers that "it was appropriate to resume the procedure by referring the matter back to the Joint Committee for Disputes because it was the unlawful nature of the latter's opinion that led to the quashing of the decision. However, proper execution of the judgment did not necessarily imply recognition that the complainant's appeal was sound: all that was required was a new decision taken after due process."
Reference(s)
ILOAT Judgment(s): 1814
Keywords:
application for execution; case sent back to organisation; decision; decision quashed; due process; execution of judgment; flaw; internal appeal; internal appeals body; judgment of the tribunal; organisation's duties; purport; remand; report;
Judgment 1888
87th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Both the Regional Board and the Headquarters Board of Appeal made a specific finding that the appeals were receivable, but the Tribunal's case law establishes that notwithstanding such findings it is still open to the organization to submit the question of the receivability of the internal appeal to the Tribunal."
Reference(s)
ILOAT Judgment(s): 575
Keywords:
case law; internal appeal; internal appeals body; organisation; receivability of the complaint; recommendation; report; right;
Judgment 1878
87th Session, 1999
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
"It is not acceptable that the organization, in defending this complaint, disclaims all responsibility for any alleged shortcomings of the Appeals Board."
Keywords:
flaw; internal appeal; internal appeals body; liability; organisation's duties; procedural flaw; procedure before the tribunal; reply;
Judgment 1833
86th Session, 1999
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"the Tribunal holds that the complaints before it are clearly irreceivable. The complainant has not exhausted his internal remedies and has not given the [organization] sufficient time to respond to those matters which have formed the subject of his internal claims. [A] complainant who changes the form and content of his internal claims cannot lay on his employer the responsibility of replying to an original set of claims while still retaining whatever benefits may flow to him from an amended one."
Keywords:
internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint;
Judgment 1832
86th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A staff member who appeals to the wrong [internal appeals] body does not on that account forfeit the right of appeal. Time and again the Tribunal has held that, though rules of procedure must be strictly complied with, they must be construed with common sense and not set traps for the staff member: see Judgment1734 [and] any penalty for breaking such a rule must be reasonably fitting. [...] When there are two authorities that may be competent it is easy enough for one to forward a misdirected appeal to the other. If the staff member filed it in time, even with the wrong authority, then it will be receivable, and that authority will simply forward it without ado to the other one."
Reference(s)
ILOAT Judgment(s): 1734
Keywords:
competence; complainant; good faith; internal appeal; internal appeals body; procedure before the tribunal; receivability of the complaint; right of appeal; time limit;
Judgment 1829
86th Session, 1999
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Any challenge to administrative decisions which were rendered with regard to the complainant after the filing of the first internal appeal but which were not the subject of further internal appeals is irreceivable: such decisions are not final, the complainant not having exhausted all existing means of resisting them as Article VII(1) of the Tribunal's Statute requires."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
absence of final decision; decision; iloat statute; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint;
Considerations 6-8
Extract:
"The complainant asks the Tribunal to review [an administrative decision] notwithstanding that the internal appeal procedure has not been completed. The Tribunal's case law has it that where the pursuit of the internal remedies is unreasonably delayed the requirement of Article VII(1) will have been met if, though doing everything that can be expected to get the matter concluded, the complainant can show that the internal appeal proceedings are unlikely to end within a reasonable time. [The Tribunal refers to the case law.] The complainant's internal appeal was received by the organisation on 16 April 1997. Her statement is lengthy and has 24 annexes. Less than a month later the Vice-President completed his initial assessment of her claims and referred the matter to the Appeals Committee. She filed this complaint just over three months later. The Tribunal holds that at the date of filing the present complaint the internal appeal process had not been unreasonably delayed and there was no indication that it was unlikely to come to an end within a reasonable time."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
case law; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; reasonable time; receivability of the complaint; time limit;
Judgment 1814
86th Session, 1999
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8
Extract:
The Joint Committee for disputes dealt with the "complaint" by correspondence. The Tribunal considers that the texts provide "that the Committee shall meet', and it meets only if all the full members, or in their absence the alternate members, are present'. On that score alone there was breach of due process and the impugned decision cannot stand."
Keywords:
condition; due process; internal appeal; internal appeals body; interpretation; procedural flaw; report;
Judgment 1763
85th Session, 1998
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[T]he Appeals Board asked for and received a legal opinion from the Director of the Legal Division during the appeal. This [...] was a violation of due process because that Director had been a member of the Disciplinary Board, whose recommendation was under appeal. The Agency admits that the Director signed a legal opinion that had been prepared at the request of the Appeals Board. That opinion should not have been given by the Director and should have been rejected by the Appeals Board; the Director simply should not have been involved, in substance or in form, with the Appeals Board's recommendation. A member of the body appealed from may not give legal advice to the body which hears the appeal."
Keywords:
advisory body; advisory opinion; bias; composition of the internal appeals body; disciplinary procedure; equity; internal appeal; internal appeals body; procedural flaw; report;
Judgment 1720
84th Session, 1998
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A strong line of precedent has it that time limits, though necessary in law, are not supposed to set traps: they are to be applied with the good faith that must govern relations between an international organisation and its staff."
Keywords:
good faith; internal appeal; interpretation; procedure before the tribunal; time limit; written rule;
Judgment 1706
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."
Keywords:
competence of tribunal; internal appeal; internal appeals body; internal remedies exhausted; priority; receivability of the complaint; right; sex discrimination; staff member's duties; staff regulations and rules; tribunal;
Judgment 1700
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
Discretion to determine whether there are exceptional circumstances to warrant waver of the time limits for internal appeal is vested in the Joint Appeals Board. "It is the Board's decision which is relevant, and the question does not arise of substituting the Tribunal's opinion for the Board's. Only if there is some fatal flaw in the Board's decision may the Tribunal intervene."
Keywords:
decision; exception; flaw; internal appeal; internal appeals body; judicial review; limits; report; time limit;
Judgment 1699
84th Session, 1998
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"The Tribunal does not accept that a request for review precludes a negotiated settlement. There is no reason why a staff member cannot keep to the time limit laid down by the Staff Regulations and Rules and at the same time negotiate. And he will be in a stronger negotiating position if he has lodged a timely appeal."
Keywords:
internal appeal; settlement out of court; staff regulations and rules; time limit;
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