Time limit (108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781,-666)
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Keywords: Time limit
Total judgments found: 348
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Judgment 3828
124th Session, 2017
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges Eurocontrol’s refusal to convert her limited-term appointment into an appointment for an undetermined period, the reduction of the basis for calculating her contributions to the Eurocontrol Pension Scheme and the non-renewal of her contract.
Consideration 7
Extract:
As the Tribunal has repeatedly stated, time limits are an objective matter of fact and it should not rule on the lawfulness of a decision which has become final, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties’ legal relations, which is the very justification for a time bar. In particular, the fact that a complainant may not have discovered the irregularity on which she or he purports to rely until after the expiry of the time limit is not in principle a reason to deem her or his complaint receivable (see, for example, Judgment 3663, under 7, and the case law cited therein).
It is true that the Tribunal’s case law, as set forth in Judgments 1466, 2722 and 3406 for example, allows exceptions to this rule where the complainant has been prevented by vis major from learning of the impugned decision in good time, or where the organisation, by deliberately misleading the complainant or concealing some paper from her or him, has deprived that person of the possibility of exercising her or his right of appeal, in breach of the principle of good faith.
Reference(s)
ILOAT Judgment(s): 1466, 2722, 3406, 3663
Keywords:
internal appeal; late appeal; time limit;
Judgment 3803
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the final decision of the EPO Administrative Council rejecting her request for review of the Council's decision CA/D 10/14.
Consideration 3
Extract:
“Article VII, paragraph 2, of the Tribunal’s Statute provides that ‘[t]o be receivable, a complaint must [...] have been filed within ninety days after the complainant was notified of the decision impugned’. As the Tribunal has repeatedly stated, for example in Judgments 602, 1106, 1466, 2463 and 2722, time limits are an objective matter of fact and it should not entertain a complaint filed out of time, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties’ legal relations, which is the very justification for a time bar. However, as stated in Judgment 3687, in consideration 10:
‘The case law also recognizes that in very limited circumstances an exception may be made to the rule of strict adherence to the relevant time limit. The circumstances identified in the case law are: ‘where the complainant has been prevented by vis major from learning of the impugned decision in good time or where the organisation, by misleading the complainant or concealing some paper from him or her so as to do him or her harm, has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith’ (see Judgment 3405, under 17; citations omitted); and ‘where 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 he or she was not and could not have been aware before the decision was taken’ (see Judgment 3140, under 4; citations omitted).’”
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute
ILOAT Judgment(s): 602, 1106, 1466, 2463, 2722, 3140, 3405, 3687
Keywords:
time limit;
Judgment 3758
123rd Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges his non-selection for a post.
Consideration 11
Extract:
As the Tribunal has consistently stated, the strict adherence to time limits is essential to have finality and certainty in relation to the legal effect of decisions. “When an applicable time limit to challenge a decision has passed, the organisation is entitled to proceed on the basis that the decision is fully and legally effective.” (See Judgment 3439, under 4.)
Reference(s)
ILOAT Judgment(s): 3439
Keywords:
time limit;
Consideration 12
Extract:
[T]here are exceptions to the requirement of strict adherence to time limits. As stated in Judgment 3687, under 10 and 11:
“10. The case law also recognizes that in very limited circumstances an exception may be made to the rule of strict adherence to the relevant time limit. The circumstances identified in the case law are: ‘where the complainant has been prevented by vis major from learning of the impugned decision in good time or where the organisation, by misleading the complainant or concealing some paper from him or her so as to do him or her harm, has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith’ (see Judgment 3405, under 17; citations omitted); and ‘where 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 he or she was not and could not have been aware before the decision was taken’ (see Judgment 3140, under 4; citations omitted).
11. It must also be added that a later discovery after the expiry of the time limit for appealing the challenged decision of an irregularity that might have rendered the decision unlawful does not in principle have a bearing on the requisite adherence to the time limit (see, for example, Judgment 3405, under 16).”
Reference(s)
ILOAT Judgment(s): 3140, 3405, 3687
Keywords:
exception; time limit;
Judgment 3704
122nd Session, 2016
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision of the former Director of the ILO Office in Berlin to apply to her the sanction of warning.
Considerations 2-3
Extract:
In Judgment 3311, considerations 5 and 6, the Tribunal reiterated the consistently stated principle that the time limits for internal appeal procedures and the time limits in the Tribunal’s Statute serve the important purposes of ensuring that disputes are dealt with in a timely way and that the rights of parties are known to be settled at a particular point of time.
The Tribunal’s rationalisation of this general principle may be summarized as follows: time limits are an objective matter of fact and strict adherence to them is necessary for the efficacy of the whole system of administrative and judicial review of decisions. An inefficacious system could potentially adversely affect the staff of international organisations. Flexibility about time limits should not intrude into the Tribunal’s decision-making, even if it might be thought to be equitable or fair in a particular case to allow some flexibility. To do otherwise would “impair the necessary stability of the parties’ legal relations”. This general principle applies to internal appeals, even if the internal appeal body considers the appeal on its merits, notwithstanding that time limits have not been complied with. It would be wrong for an internal appeal body to hear an appeal that was time-barred and the Tribunal would not entertain a complaint challenging the decision taken on a recommendation by that body. However, there are exceptions to this general approach expressed in the Tribunal’s case law. One such exception is where a defendant organisation has misled the complainant thus depriving her or him of the possibility of exercising her or his right of appeal, in breach of the principle of good faith (see, for example, Judgment 2722, consideration 3, and Judgment 3311, considerations 5 and 6).
Reference(s)
ILOAT Judgment(s): 2722, 3311
Keywords:
time limit;
Consideration 8
Extract:
The message that the original decision would be sent by post could possibly and reasonably have confused and misled the complainant causing uncertainty as to when she was being notified of the decision and whether the time limit for filing her grievance ran from [the date] when she received the e-mail. It is accordingly determined that this is an exception which permitted the complainant to file her grievance with the JAAB when she did. The complaint is therefore receivable. The Tribunal considers that a statement in HRD’s decision, or in the e-mail by which it was sent, making it clear that the time limit for filing a grievance with the JAAB would have run from the date on which the complainant received the scanned copy, would have put the matter beyond doubt.
Keywords:
notification; time limit;
Judgment 3687
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns WHO’s decision to terminate her appointment for health reasons.
Considerations 10-11
Extract:
The case law [...] recognizes that in very limited circumstances an exception may be made to the rule of strict adherence to the relevant time limit. The circumstances identified in the case law are: “where the complainant has been prevented by vis major from learning of the impugned decision in good time or where the organisation, by misleading the complainant or concealing some paper from him or her so as to do him or her harm, has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith” (see Judgment 3405, under 17; citations omitted); and “where 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 he or she was not and could not have been aware before the decision was taken” (see Judgment 3140, under 4; citations omitted).
It must also be added that a later discovery after the expiry of the time limit for appealing the challenged decision of an irregularity that might have rendered the decision unlawful does not in principle have a bearing on the requisite adherence to the time limit (see, for example, Judgment 3405, under 16).
Reference(s)
ILOAT Judgment(s): 3140, 3405
Keywords:
time limit;
Judgment 3647
122nd Session, 2016
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the validity of a competition process in which he participated and the lawfulness of the ensuing appointment.
Consideration 4(b)
Extract:
[T]he fact that the real reason for the contested decision was initially concealed from the complainant misled him as to whether he had an interest in challenging it. Indeed, although the complainant presumably had no reason to object when he was informed that the selection process had been cancelled because of “organizational changes”, which, by their very nature, are made at the Director General’s discretion, this was plainly not the case when it became apparent that this decision was really designed to avoid the foreseeable outcome of the competition in which he had been shortlisted. The complainant was therefore unduly deprived of the opportunity to appeal against this decision within the normal time limit, in breach of the principle of good faith.
Keywords:
cause of action; good faith; time limit;
Consideration 2
Extract:
The Tribunal first observes that the complainant’s objection to the receivability of WIPO’s reply is unfounded. It should be noted that the date of filing of complaints and briefs with the Tribunal is, in principle, the date on which they are sent and not the date on which they are received by the Registry (see, in particular, Judgment 3566, under 3). In this case, the file contains a delivery receipt showing that the reply was deposited at the International Labour Office, where the Tribunal is based, on 24 June 2014. As the defendant organisation thus sent its reply on that date at the latest, that is, before the time limit expired that same evening, the complainant is wrong to claim that it was filed late.
Reference(s)
ILOAT Judgment(s): 3566
Keywords:
reply; time limit;
Judgment 3406
119th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint (relating to dependant child allowance) for failure to exhaust internal means of redress.
Considerations 12-13
Extract:
As the Tribunal has repeatedly stated, for example in Judgments 602, 1106, 1466, 2722 and 2821, time limits are an objective matter of fact and it should not rule on the lawfulness of a decision which has become final, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties’ legal relations, which is the very justification for a time bar. In particular, the fact that a complainant may not have discovered the irregularity on which he or she purports to rely until after the expiry of the time limit is not in principle a reason to deem his or her complaint receivable (see, for example, Judgments 602, under 3, and 1466, under 5 and 6).
It is true that the Tribunal’s case law as set forth in Judgments 1466, 2722 and 2821 allows exceptions to this rule where the complainant has been prevented by vis major from learning of the impugned decision in good time (see Judgment 21), or where the organisation, by misleading the complainant or concealing some paper from him or her so as to do him or her harm, has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith (see Judgment 752).
Reference(s)
ILOAT Judgment(s): 21, 602, 752, 1106, 1466, 2722, 2821
Keywords:
internal appeal; time bar; time limit;
Judgment 3405
119th Session, 2015
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge the implied decision to reject their claims relating to tax relief for dependant children (for irreceivability).
Judgment keywords
Keywords:
complaint dismissed; family allowance; joinder; time bar; time limit;
Considerations 16-17
Extract:
As the Tribunal has repeatedly stated, for example in Judgments 602, 1106, 1466, 2722 and 2821, time limits are an objective matter of fact and it should not rule on the lawfulness of a decision which has become final, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties’ legal relations, which is the very justification for a time bar. In particular, the fact that a complainant may not have discovered the irregularity on which he or she purports to rely until after the expiry of the time limit is not in principle a reason to deem his or her complaint receivable (see, for example, Judgments 602, under 3, and 1466, under 5 and 6).
It is true that the Tribunal’s case law as set forth in Judgments 1466, 2722 and 2821 allows exceptions to this rule where the complainant has been prevented by vis major from learning of the impugned decision in good time (see Judgment 21), or where the organisation, by misleading the complainant or concealing some paper from him or her so as to do him or her harm, has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith (see Judgment 752).
Reference(s)
ILOAT Judgment(s): 602, 752, 1106, 1466, 2722, 2821
Keywords:
internal appeal; time bar; time limit;
Judgment 3311
117th Session, 2014
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considers the complaint irreceivable on the ground that the complainant has not respected the time limits of the internal appeal procedure.
Judgment keywords
Keywords:
complaint dismissed; internal appeal; time limit;
Judgment 3267
116th Session, 2014
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugned the decision not to waive the time limit for lodging an internal appeal, claiming that his heavy workload constituted an exceptional circumstance justifying the grant of a waiver.
Considerations 3 and 4
Extract:
"It was not in issue that under Staff Rule 11.1.1(b)(3) the discretionary power to waive the time limits can be exercised in exceptional circumstances. That is what the rule said. In its reasons, the Board pointed to the need for certainty that is created by time limits but noted the discretion to waive them in exceptional circumstances. It did not consider there were such circumstances and that the complainant’s workload would not have prevented him from bringing his appeal in time, though it accepted that may have contributed to him overlooking the time limits.
This reasoning is quite unexceptionable. The complainant argued the reasoning contained a “contradiction”. He pointed to the Board’s acknowledgement in its reasons that the complainant’s heavy workload may possibly have been a contributing factor in the complainant overlooking the deadline. However the substance of what the Board was saying was that it was not satisfied the circumstances were exceptional. It needed to be positively satisfied that they were before it could exercise the discretionary power to waive the time limits. There has been no miscarriage of the exercise of the discretionary power. The Board was not obliged, as the complainant submitted, to involve the Administration and it had power, under Staff Rule 11.1.1(e)(3)(b), to summarily dismiss the appeal as clearly irreceivable. It did so. The complaint to the Tribunal should be dismissed."
Reference(s)
Organization rules reference: Staff Rule 11.1.1(b)(3)
Keywords:
discretion; exception; internal appeal; time limit; waiver of internal appeal procedure;
Judgment keywords
Keywords:
complaint dismissed; discretion; post classification; time limit;
Judgment 3254
116th Session, 2014
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint was considered irreceivable on the ground that it was time-barred.
Judgment keywords
Keywords:
complaint dismissed; late filing; receivability of the complaint; time limit;
Judgment 3253
116th Session, 2014
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns an unfavourable evaluation report. Her internal appeal having wrongly been rejected as irreceivable, the case is referred back to the internal appeal body.
Consideration 7
Extract:
"It is well settled that the burden of proof is on the sender to establish the date on which a communication was received. If that cannot be done (perhaps because the document was sent by a system of transmission that does not permit actual proof), the Tribunal will ordinarily accept what is said by the addressee about the date of receipt (see, generally, Judgments 447, consideration 2; 456, consideration 7; 723, consideration 4; 890, consideration 4; 930, consideration 8; 2473, consideration 4; and 2494, consideration 4)."
Reference(s)
ILOAT Judgment(s): 447, 456, 723, 890, 930, 2473, 2494
Keywords:
burden of proof; date of notification; evidence; internal appeal; lack of evidence; late appeal; time bar; time limit;
Judgment 3241
115th Session, 2013
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance reviews for 2008 and 2009.
Consideration 5
Extract:
"[A]n assessment report can constitute a decision adversely affecting the person concerned and may be impugned in proceedings before the Tribunal after internal means of redress have been exhausted. This is buttressed by the statement of principle in Judgment 466, under 3, that such matters may be so challenged since every official has an interest in the proper establishment of reports on her or his performance, on which her or his career will depend. However, such a decision must be challenged in a timely manner and in accordance with the relevant staff rules and regulations. If not so challenged, the decision becomes final and cannot be reopened (see Judgment 3059, under 7)."
Reference(s)
ILOAT Judgment(s): 466, 3059
Keywords:
cause of action; internal remedies exhausted; performance evaluation; performance report; time limit;
Judgment 3225
115th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully asks for her short-term contracts to be converted into fixed-term contracts.
Consideration 5
Extract:
"The complaint form was filed within the time limit specified in Article VII, paragraph 2, of the Statute of the Tribunal, albeit without the brief and supporting evidence which, according to Article 6, paragraph 1(b) and (c), of the Rules of the Tribunal, had to be appended to it. Contrary to [the defendant]’s submissions, this does not signify that the complaint was submitted out of time, since paragraph 2 of the above-mentioned article affords the complainant the possibility of correcting a complaint that does not meet the requirements of the Rules. In the instant case, the complaint was corrected on 30 March 2011, within the time limit set by the Registrar of the Tribunal."
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute; Article 6, paragraph 1(b) and (c), of the Rules
Keywords:
correction of complaint; date; formal requirements; iloat statute; time bar; time limit;
Judgment 3215
115th Session, 2013
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.
Consideration 10
Extract:
Reference is made to decisions of this Tribunal which make it clear that an organisation is under a duty to investigate claims of harassment promptly and bona fide (see Judgments 2552, 2654 and 2910).
Reference(s)
ILOAT Judgment(s): 2552, 2654, 2910
Keywords:
claim; harassment; investigation; time limit;
Judgment 3188
114th Session, 2013
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.
Consideration 25
Extract:
"As the Tribunal has repeatedly observed, internal appeals must be conducted with due diligence and with regard to the care owed by an international organisation to its staff (see for example Judgment 2522, under 7). While the time an appeal might reasonably take will often depend on the particular circumstances of a given case, it has been said by the Tribunal in Judgment 2902, under 16, that “by any standards a delay of nearly 19 months to complete the internal appeal process is unreasonable”."
Reference(s)
ILOAT Judgment(s): 2522, 2902
Keywords:
delay; duty of care; internal appeal; moral injury; organisation's duties; procedure before the tribunal; reasonable time; staff member's interest; time limit;
Judgment 3168
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant disputes the characterization of his service during a certain period and the date taken into account by WHO to determine his entry on duty within the United Nations system.
Consideration 13
Extract:
"It is firm Tribunal case law that a staff member is entitled to an efficient internal means of redress and to expect a decision on an internal appeal to be taken within a reasonable time (see Judgments 2904, under 14 and 15, 2851, under 10, and 2116, under 11). It can be seen from the above summary of the internal appeal process that there were a number of requests for extensions of time by both parties and in some instances consented to by the opposing party. While the departure of a staff member responsible for an appeal is beyond the control of the Administration, the latter does bear the responsibility of providing adequate staffing in keeping with its obligation to provide an efficient means of internal redress."
Reference(s)
ILOAT Judgment(s): 2116, 2851, 2904
Keywords:
administrative delay; decision; delay; internal appeal; internal appeals body; moral injury; organisation's duties; reasonable time; time limit;
Judgment 3160
114th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.
Considerations 16-17
Extract:
"As to the compensation for the delay, it is well established that internal appeals must be conducted with due diligence and with regard to the care owed by an international organisation to its staff (see, in particular, Judgment 2522). Furthermore, it has been said by the Tribunal in Judgment 2902 that “by any standards a delay of nearly 19 months to complete the internal appeal process is unreasonable”. The time an appeal might reasonably take will usually depend on the particular circumstances. The Director-General recognised that the time taken in this case, a little over two years, was excessive and awarded moral damages. As noted earlier, both the complainant and UNIDO dispute the quantum of damages awarded by the Director-General for delay.
The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant. For example, an extensive delay in relation to an appeal concerning the dismissal of a staff member could have a profound impact on his or her circumstances. On the other hand, a delay of precisely the same period in relation to an appeal concerning a comparatively trifling issue may have limited or possibly even no impact on the circumstances of the staff member."
Reference(s)
ILOAT Judgment(s): 2522, 2902
Keywords:
compensation; damages; delay; effect; general principle; internal appeal; organisation's duties; reasonable time; staff member's interest; time limit;
Judgment 3127
113th Session, 2012
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[W]here an internal appeal is lodged within the required time limit but fails to comply with the formal requirements set down in the applicable rules, it is for the organisation, in the exercise of its duty of care, to enable the complainant to correct the appeal by granting him or her a reasonable period of time in which to do so."
Keywords:
breach; correction of complaint; duty of care; duty of discretion; formal flaw; internal appeal; organisation's duties; reasonable time; time limit; written rule;
Judgment 3116
113th Session, 2012
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant submitted his complaint by sending a scanned complaint form to the Tribunal via an e-mail of 11 May 2010, with only sections 1, 2, 3 and 5 filled in. One of the essential sections, section 4, had been left blank. He submitted a completed version of the form on 18 May 2010.
"It should be recalled that Article 6(1)(a) of the Rules of the Tribunal sets out the requirements of form for filing a complaint: the complainant should fill in and sign the complaint form prescribed in the Schedule of those Rules. The complainant’s requests to the Tribunal that he be allowed to correct retroactively the incomplete initial complaint form, sent on 11 May 2010, and consequently that the completed revision of it, sent on 18 May, be accepted as having been filed on 11 May, are denied. Indeed, the entries in the initial complaint form did not suffice to identify the relief the complainant was claiming. Therefore, one of the essential requirements of form set out in Article 6(1) was not met and the complaint could not be registered as filed on 11 May 2010. Moreover, this case does not fall within the purview of the thirty-day time limit prescribed by Article 6(2) of the Rules for correction of complaints. [...] Consequently, the document filed on [11 May 2010] cannot be considered a complaint, as it did not contain the claims which are essential elements of a complaint. The complaint form, properly filled in, was filed on 18 May 2010, i.e. six days after the expiration of the ninety-day time limit. Therefore, the complaint must be considered irreceivable."
Reference(s)
ILOAT reference: Article 6, paragraphs 1 and 2, of the Rules
Keywords:
complaint form; correction of complaint; formal requirements; late filing; receivability of the complaint; time bar; time limit;
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