Internal remedies exhausted (88, 89, 656, 743,-666)
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Keywords: Internal remedies exhausted
Total judgments found: 313
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Judgment 213
31st Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"If [the complainant] intends to impugn the refusal to give him a new appointment which he alleges in his complaint had been promised to him, he is not impugning any decision embodying such a refusal, and in any event he ought not to have addressed himself directly to the Tribunal before submitting an appeal to the [internal] appeals body [...] The fact that he was received by the Secretary-General [...] cannot be regarded as an alternative to such an appeal."
Keywords:
absence of final decision; internal remedies exhausted; receivability of the complaint;
Judgment 211
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant did not appeal in time against this decision and it has now become final."
Keywords:
internal remedies exhausted; receivability of the complaint; time bar;
Judgment 200
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant made no appeal within the time limit against the decision to confirm his transfer. "That decision has thus become final." He did impugn another decision in time which had no connection with the first decision, but that will not extend the period within which an appeal may be lodged against the first decision.
Keywords:
internal remedies exhausted; new time limit; receivability of the complaint; time bar; time limit;
Judgment 196
29th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In asking the Tribunal to rule on the question of reclassification before two successive decisions had been obtained from the Director-General, one on the recommendation of the Consultative Committee on Classification and the other on the recommendation of the appeals body, "the complainant has failed to observe the rule requiring that all internal remedies should have been exhausted."
Keywords:
absence of final decision; internal remedies exhausted; receivability of the complaint;
Judgment 185
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant inquired whether a refusal decision was final. the absence of a reply from the administration must be considered, by virtue of a general rule of law, as a refusal of the claim. The complainant ought to have followed the procedure prescribed in the Staff Rules to secure "a decision by the Director-General, which decision could alone be impugned before the Administrative Tribunal." [The procedure provides for appeal at the regional level and subsequently at headquarters.]
Keywords:
case sent back to organisation; enforcement; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; procedure before the tribunal; staff regulations and rules;
Considerations
Extract:
The regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "The position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the Staff Rules]. There is all the more reason for taking account of his error inasmuch as the [...] Rules do not mention the general rule of law [...] whereby the silence of the administration after a certain period is equivalent to rejection of a claim."
Keywords:
complaint; direct appeal to tribunal; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;
Considerations
Extract:
Article VII, paragraph 3, of the Statute of the Tribunal must be read in conjunction with paragraph 1 of the same article. "[T]he provision can apply only if a complainant has exhausted all internal means of resisting the decision open to him, and if he is impugning either an explicit decision or the implicit decision resulting from the failure of the Director-General of the organization, the final competent authority, to give a ruling on his claim."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
condition; express decision; failure to answer claim; implied decision; internal remedies exhausted; receivability of the complaint;
Judgment 163
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"According to Article VII of the Statute of the Tribunal, a complaint submitted to the Tribunal shall not be receivable unless a final decision is impugned, the person concerned having exhausted such other means of resisting as are open to him under the applicable Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
absence of final decision; internal remedies exhausted; receivability of the complaint;
Considerations
Extract:
The complaint is not directed against any decision taken by the Director-General. The complainant impugns a decision of 11 March; in fact no administrative authority of the organization took any decision on that date concerning the complainant; 11 March is the date on which he appealed to the internal appeals body. The complaint is therefore irreceivable.
Keywords:
absence of final decision; internal remedies exhausted; receivability of the complaint;
Judgment 156
24th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal finds that the complainant has not impugned a final decision after exhausting the internal appeal procedure and that he cannot validly plead that he was unaware of the provisions of the Staff Regulations and Rules concerning internal appeal procedures to justify his direct complaint to the Tribunal."
Keywords:
absence of final decision; direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
Judgment 147
23rd Session, 1970
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant impugns decisions of the Secretary-General without previously having exhausted the internal means of appeal provided for in the Staff Rules. "It follows that the submissions in his complaint in respect of the aforesaid decisions are not receivable."
Keywords:
direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
Judgment 146
23rd Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant did not submit an appeal to the internal appeals body before filing his complaint with the Administrative Tribunal. "He had therefore failed to exhaust the internal procedure available to him before appealing to the Tribunal." The complainant did not obtain the Director-General's leave to appeal directly to the Tribunal as required by the applicable provision. His claims are dismissed.
Keywords:
acceptance; condition; direct appeal to tribunal; executive head; internal remedies exhausted; receivability of the complaint;
Judgment 130
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Failing any action to resist the decision within the prescribed time-limits, the decision not to renew the complainant's appointment became final and can no longer be challenged; consequently, all the complainant's links with the organization were severed from the date on which his contract expired.
Keywords:
complaint; consequence; internal remedies exhausted; receivability of the complaint; separation from service; time limit;
Judgment 114
18th Session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant failed to appeal against the impugned decision to the internal appeals body, contrary to statutory procedure. He has not therefore "exhausted the means at his disposition, under the applicable staff regulations. Accordingly his complaint is irreceivable under Article VII, paragraph 1, of the Statute of the Administrative Tribunal".
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
absence of final decision; complaint; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 53
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant was appointed in the grade of P.1 and accepted such appointment. Had he considered that the classification of his post did not accurately reflect the type and level of his duties and responsibilities and the qualifications required of him, it was open to him [...] to request at any time a re-examination of the classification of the post he occupied, and this he did not do. Consequently his submission in respect of incorrect grading must also be set aside."
Keywords:
absence of final decision; internal remedies exhausted; post classification; receivability of the complaint;
Judgment 41
8th Session, 1960
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is established by the documents in the dossier that [the complainant] submitted her requests concerning reinstatement or the grant of compensation neither to the Director-General nor to the [appeals body], so that when she applied to the Tribunal she had not exhausted all the means of resisting the decision that were open to her under the [Staff] Regulations; the [...] submissions are therefore not receivable."
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
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