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 2197
94th Session, 2003
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 33
Extract:
"Since compliance with internal appeal 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. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.
Reference(s)
ILOAT Judgment(s): 2072
Keywords:
administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; material damages; moral injury; oral proceedings; organisation's duties; staff member's duties;
Judgment 2196
94th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Tribunal "notes [...] that even after the filing of the complaints, it took the organisation more than a year to bring the internal appeal procedure to a conclusion. By any standards, that is an unacceptable delay. The organisation's plea that it is overwhelmed by a heavy volume and a backlog of internal appeals may be a reason, but it is not an excuse. Incompetence or a lack of resources can never justify depriving employees of their right to a speedy and just resolution of their grievances."
Keywords:
administrative delay; complaint; delay; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint; right;
Judgment 2151
93rd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"In the Tribunal's view, the fact that [...] two staff members [...] filed no internal appeal does not prevent them from applying to intervene (see Judgment 518). The only issue to be resolved is whether the organisation's decisions on post classification apply to them. [...] This judgment should be extended to them only insofar as they have an interest, on account of their de jure and de facto position regarding post classification, in benefiting from the Tribunal's decision."
Reference(s)
ILOAT Judgment(s): 518
Keywords:
cause of action; enforcement; internal remedies exhausted; intervention; judgment of the tribunal; post; post classification; post held by the complainant;
Judgment 2039
90th Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Precedent says that the requirement to exhaust the internal remedies cannot have the effect of paralysing the exercise of the complainants' rights. Complainants may therefore go straight to the Tribunal where the competent bodies are not able to decide on an issue within a reasonable time, depending on the circumstances (see Judgments 1829, [...], 1968, [...], and the numerous judgments cited therein). However, a complainant can make use of this possibility only where he has done his utmost, to no avail, to accelerate the internal procedure and where the circumstances show that the appeal body was not able to reach a decision within a reasonable time (see, for example, Judgments 1674, [...] under 6(b), and 1970 [...]). In general, a request for information on the status of the proceedings or the date on which a decision may be expected is enough to demonstrate that the appellant wants the procedure to follow its normal course, and gives grounds for alleging unjustified delay if the authority has not acted with the necessary diligence. However, there are circumstances in which it is unclear whether the procedure has been abandoned or whether the staff member has implicitly consented to the suspension of his appeal in law or in fact. In such cases, the case law says that the staff member must indicate clearly if he wants the procedure to continue. For example, the Tribunal found in one case that a staff member had not met this requirement because an internal appeal he had filed was not referred to the internal appeals body of the organisation, the administration having taken steps to reach an agreed settlement to the dispute. As the staff member had not sought the continuation or renewal of the procedure, it was found that he had not pursued his appeal "diligently" and so did not qualify to file a complaint directly with The tribunal (see Judgment 1970). Similarly, in a case in which the internal appeal had been followed by negotiations in order to reach a settlement, it was found that the staff member was not justified in turning to the Tribunal without first indicating either that the procedure should follow its course in parallel with the negotiations or that it should be taken up again without further ado, and then waiting a reasonable time to see what happened (see Judgment 1674 under 6(b))."
Reference(s)
ILOAT Judgment(s): 1674, 1829, 1968, 1970
Keywords:
administrative delay; case law; delay; direct appeal to tribunal; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; staff member's duties; time limit;
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 1946
88th Session, 2000
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Consistent precedent has it that only in exceptional circumstances may the requirement to exhaust the internal remedies be set aside, and only in cases where on the evidence the organization seems unlikely to reach a decision within a reasonable time."
Keywords:
administrative delay; direct appeal to tribunal; exception; internal remedies exhausted; reasonable time; time limit;
Judgment 1888
87th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal's jurisdiction is limited to the review of administrative decisions taken by international organisations affecting the employment conditions of their employees. Where such decisions are found to be reviewable and where they have caused harm, the Tribunal will exercise its jurisdiction to order reparation thereof. The Tribunal is not, however, a civil court of general jurisdiction in matters of delict and contract. Even where they may be causally related to injury suffered by someone, prejudice and malfeasance do not give rise to a claim for damages before the Tribunal unless they can be related to a specific administrative decision which has become final and against which the complainant has exhausted all available internal remedies."
Keywords:
bias; compensation; competence of tribunal; contract; decision; injury; internal remedies exhausted; judicial review; limits; material damages; moral injury; staff regulations and rules;
Judgment 1887
87th Session, 1999
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Application for the execution of a previous judgment.
"The Tribunal's case law has it that exhausting all internal remedies is not in fact necessary in cases which involve determining whether the authority responsible for executing a judgment has respected its terms. It is however in principle essential when a case is sent back to that authority to resume or continue the procedure and when the judgment leaves it a degree of discretion. However, with a view to avoiding a sheer pedantic approach, the Tribunal will waive the requirement for exhaustion of internal remedies where no legal purpose is served, for example where the case is fit to be judged and the parties have submitted their pleas (see Judgment 1771 [...] and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 1771
Keywords:
application for execution; case law; cause; direct appeal to tribunal; execution of judgment; internal remedies exhausted; judgment of the tribunal;
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 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 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 1684
84th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Article VII, paragraph 1, of the Tribunal's Statute says that for a complaint to be receivable the internal remedies must have been exhausted. But precedent has it that, if there is delay over the final decision, the requirement will be met provided that the complainant has done everything that might be expected of him to get one but the appeal proceedings are unlikely to end within a reasonable time. [...] The requirement was plainly met in this case. Having done all that he did, to no avail, the complainant could not reasonably be required to wait any longer, there being no grounds for expecting the Appeals Committee to report soon. The organisation's domestic difficulties in running its appeal procedure afforded no excuse for denying him due process."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
administrative delay; case law; condition; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; reasonable time;
Judgment 1674
84th Session, 1998
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(B)
Extract:
"Where the decision-making authority tarries over an appeal, the internal procedure must be deemed exhausted when the complainant has done his utmost to get things going yet no decision is likely reasonably soon" (see Judgments 1243, 1404, 1433, 1486 and 1534).
Reference(s)
ILOAT Judgment(s): 1243, 1404, 1433, 1486, 1534
Keywords:
administrative delay; complaint; exception; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The circumstances of the case are peculiar, the Association having failed to provide the internal means of redress that it ought. So it is hard to see any merit in the Association's objection to the complainants' appealing straight to the Tribunal."
Keywords:
complaint; direct appeal to tribunal; exception; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint;
Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainants "did not go to the Board until [...] six-and-a-half months after they had had notice of dismissal. The [objection to receivability] would no doubt succeed if the rules set a time limit for appeal, but they do not. It is perhaps a pity that the complainants tarried until the very eve of dismissal. But they did expressly reserve their rights when acknowledging receipt of notice of dismissal, and they were hoping until the last day for a satisfactory outcome. So it is hardly arguable that some time limit which was not even in the rules was running against them."
Keywords:
exception; internal appeal; internal remedies exhausted; no provision; staff regulations and rules; time bar; time limit;
Consideration 10
Extract:
EFTA pleads that the complainants "ought to have inferred rejection after sixty days [after lodging their internal appeals]. They then had ninety days under Article VII(2) of the Tribunal's Statute in which to file complaints." It argues that since the complaints were filed "over 150 days after the notification of their appeals to the Board, they were out of time. The plea [...] fails. although there was no report from the Board within the sixty days, the reason was that it had never been set up. Actually it never was. [...] The time limit of ninety days began only [on] the date at which they received the Secretary-General's letters [...] telling them that the Board could not be set up and they were free under Regulation 41(b) to appeal to the Tribunal. The complaints are therefore not out of time."
Reference(s)
ILOAT reference: ARTICLE VII (2) OF THE STATUTE
Organization rules reference: ARTICLE 41(B) OF EFTA STAFF REGULATIONS
Keywords:
complaint; direct appeal to tribunal; iloat statute; implied decision; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; start of time limit;
Judgment 1656
83rd Session, 1997
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The only basis on which [the complainant] invokes the Tribunal's jurisdiction is that the EMBL has failed to take a decision upon her alleged claims [but] she has failed to establish that she did make them and that they related to the matters which form the subject of this complaint. Her complaint is therefore irreceivable."
Keywords:
complaint; evidence; implied decision; internal appeal; internal remedies exhausted; lack of evidence; receivability of the complaint; request by a party;
Judgment 1655
83rd Session, 1997
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
The Agency submits that the complainant's appeal "was out of time because [he] filed it after the expiry of the time limit of three months in Article 92(2) of the Staff Regulations. [...] The plea fails. The [Agency] acted on the appeal [...] by convening the Invalidity Committee and the Joint Committee for Disputes and by taking [a] final decision. [...] The attitude it thereby adopted towards the appeal estops it from now objecting to the receivability of the complaint. The complaint is therefore receivable."
Reference(s)
Organization rules reference: ARTICLE 92(2) OF EUROCONTROL STAFF REGULATIONS
Keywords:
complaint; exception; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 1653
83rd Session, 1997
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In accordance with Article VII(1) of the Tribunal's Statute, "where the Staff Regulations lay down a procedure for internal appeal it must be duly followed: there must be compliance not only with the set time limits but also with any rules of procedure in the Regulations or implementing rules."
Keywords:
complaint; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; purport; receivability of the complaint; staff regulations and rules; time limit;
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