Delay (111,-666)
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Keywords: Delay
Total judgments found: 162
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Judgment 3967
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that he was a victim of harassment, or at least of straining, by his director who issued a warning letter regarding his performance and set new productivity targets which he was to achieve in 2004.
Consideration 9
Extract:
The claim for moral damages for the excessive delay in the internal appeal proceedings is well founded as it is clear that the EPO breached its obligation to ensure that its internal procedure moved forward with reasonable speed (see, for example, Judgment 2197, consideration 33). [...] That period of more than six years in the internal appeal proceedings constituted excessive delay, even taking into consideration the complainant’s illness and the efforts which were made to amicably settle the matter. For this, the complainant will be awarded moral damages in the amount of 8,000 euros, particularly given the length of the delay and the impact of that delay on him in his personal circumstances.
Reference(s)
ILOAT Judgment(s): 2197
Keywords:
delay; delay in internal procedure; internal procedure;
Judgment 3966
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant objects to the behaviour of his director which he characterises as harassment.
Consideration 11
Extract:
The complainant’s claim for an award of punitive damages for the delay will be dismissed. The Tribunal has stated, for example in Judgment 2935, consideration 5, that an award of punitive damages can be made only in exceptional circumstances, for instance where an organisation’s conduct has been in gross breach of its obligation to act in good faith. There is no evidence that the EPO acted in bad faith with respect to the delay in the internal appeal proceedings. However, the complainant will be awarded moral damages in the amount of 6,000 euros, particularly given the length of the delay and the impact of that delay on him in his personal circumstances.
Reference(s)
ILOAT Judgment(s): 2935
Keywords:
delay; delay in internal procedure; internal appeal; punitive damages;
Judgment 3963
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that the Organisation has breached its duty of care in relation to possible taxation of the invalidity allowance.
Consideration 7
Extract:
The complainant also requests compensation in the amount of 5,000 euros for the moral injury caused by the excessive duration of the proceedings which, he contends, lasted “more than [six] years”. It must be noted that the duration alleged by the complainant includes phases after October 2007 when informal requests were made. However, for the purpose of determining the duration of the proceedings, the starting date must be deemed to be that on which the internal appeal was filed, namely 7 May 2010. As the date on which it was dismissed was 5 February 2014, the internal appeal proceedings lasted almost four years and not “more than [six] years”. Nevertheless, the Tribunal considers that this duration is still excessive. The EPO has not explained why it needed virtually two years as from the date on which the internal appeal was filed to submit its position thereupon. In view of the foregoing, the Tribunal finds that the complainant must be awarded moral damages in the amount of 3,500 euros for the inordinate length of the internal appeal proceedings.
Keywords:
delay; delay in internal procedure; internal appeal;
Judgment 3946
125th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the amounts she was awarded for the delay in processing her request for compensation for service-incurred illness.
Consideration 16
Extract:
Regarding the claim for additional moral damages for delay, it is observed that the confusion and misunderstanding surrounding the processing of the complainant’s claim and the delay this occasioned is attributable in large measure to WIPO’s failure to follow the required procedure in Article 12.2 of the insurer’s policy for which the complainant is entitled to additional moral damages in the amount of 5,000 Swiss francs.
Keywords:
delay; moral injury;
Judgment keywords
Keywords:
complaint allowed; delay; failure to answer claim;
Judgment 3933
125th Session, 2018
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment.
Consideration 12
Extract:
As to delay in the internal appeals process, the Tribunal notes that the internal appeal to the Appeals Committee was lodged on 23 June 2014. The Committee, it appears, did not meet to consider the case until 14 October 2015 and reported on 19 February 2016 resulting in a decision of the Director-General on 9 May 2016. This delay is excessive (though the time taken for the initial appeal to the Director-General is not) and no explanation or answer is provided by the FAO in its reply. Indeed it makes no submissions on this question at all. The complainant is entitled to moral damages for this delay.
Keywords:
delay; delay in internal procedure; internal appeal;
Judgment 3886
124th Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject his request for a job grading review.
Consideration 6
Extract:
The complainant claims that the proceedings before the IRG took four years, which constitutes an inordinate delay. The ILO submits that the delay is reasonable as the complainant’s request was clearly irreceivable and did not cause him any prejudice. The Tribunal notes that paragraph 19 of Circular No. 639 [...] provides that appeals shall normally be processed within three months. As the complainant’s request was not complicated and the Organization has not provided any real justification for the delay, the complainant is entitled to an award of moral damages. Considering the obvious irreceivability of the original request, the Tribunal sets the award at 2,500 Swiss francs.
Keywords:
delay; moral injury;
Judgment 3880
124th Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director-General’s finding of misconduct and the imposition of the disciplinary measure of suspension without pay for two weeks, and claims excessive delay in the disciplinary and internal appeal proceedings.
Consideration 22
Extract:
Although the disciplinary process itself was lengthy, given the complexity of the case, the time necessary to properly respond to the complainant’s numerous requests and the time necessary to assess the evidence and to determine what charges, if any, should be made, it cannot be said that there was inordinate delay in the disciplinary proceedings.
Keywords:
delay; disciplinary procedure;
Judgment 3877
124th Session, 2017
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the date on which her retroactive promotion took effect.
Consideration 7
Extract:
The Tribunal notes that any injury resulting from the four-month delay in implementing the retroactive promotion was remedied by the retroactive payment of arrears plus interest at 5 per cent.
Keywords:
delay;
Judgment 3871
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges WHO’s refusal to reinstate him after the decision to dismiss him was set aside.
Consideration 4
Extract:
[T]he time which has elapsed since dismissal does not, in principle, exempt an employer from taking steps to reinstate an official whose contract was ended unlawfully. Were that not the case, the employer could avoid having to reinstate the official following the setting aside of her or his dismissal simply by delaying the internal appeal proceedings initiated to challenge the dismissal.
Keywords:
delay; reinstatement;
Judgment 3870
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he was promised promotion to grade D-2.
Consideration 7
Extract:
The complainant contends that the internal appeal proceedings leading to the impugned decision were abnormally long. The Tribunal can only share this view, since no decision was taken until 8 May 2014 on the internal appeal of 26 November 2010, in other words until almost three and a half years had elapsed. The length of these proceedings was therefore excessive.
Keywords:
delay;
Judgment 3831
124th Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her allegations of harassment.
Consideration 17
Extract:
A consideration of the [organisation]’s claim of confidentiality in this case is unnecessary. The fact that it voluntarily produced a copy of the [...] report with minimal redactions in its reply in these proceedings before the Tribunal completely undermines the claim of confidentiality.
Keywords:
confidential evidence; delay; disclosure of evidence;
Consideration 27
Extract:
Without more, a 25-month delay in the investigation of a harassment complaint is inordinate. However, it is also observed that the claim in the instant case was factually complex. It involved allegations against several individuals requiring a detailed examination of multiple alleged incidents spanning over a long period of time. It also involved a consideration by the [organisation] of voluminous documentation and multiple updates to the allegations. In addition, there were difficulties securing the availability of witnesses. In these circumstances, it cannot be said that the delay was unreasonable.
Keywords:
delay; internal appeal;
Judgment 3782
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the classification of their posts.
Judgment keywords
Keywords:
complaint allowed; delay; delay in internal procedure; post classification;
Judgment 3727
123rd Session, 2017
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose post was abolished following a restructuring exercise, challenges the new final decision taken by the Secretary General pursuant to Judgment 3208.
Consideration 17
Extract:
In the present case, much of the delay has arisen as a result of the complainant successfully challenging the legality of steps taken by the Federation in dealing with his grievance.
Keywords:
delay;
Judgment 3688
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish her post and to separate her from service.
Consideration 12
Extract:
It was stated in Judgment 3582, consideration 4, for example, that the amount of damages awarded for the injury caused by an unreasonable delay in processing an internal appeal depends on the length of the delay and its consequences. The consequences vary depending on the subject matter of the dispute so that a delay in resolving a matter of limited seriousness in its impact on the appellant will ordinarily be less injurious than a delay in resolving a matter which has a severe impact.
Reference(s)
ILOAT Judgment(s): 3582
Keywords:
damages; delay; moral injury;
Consideration 6
Extract:
The Tribunal has consistently stated that fairness to an appellant requires that the internal appeal process must be efficient [as] stated in Judgment 2904, consideration 15 [...].
Reference(s)
ILOAT Judgment(s): 2904
Keywords:
delay; internal procedure;
Judgment 3677
122nd Session, 2016
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Federation’s decisions to abolish her post and not to renew her fixed-term contract.
Consideration 22
Extract:
In assessing whether moral damages should be awarded for a lengthy delay in disposing of an internal appeal, a number of considerations may be relevant. In some cases it might be sufficient for a complainant only to establish that the internal appeal took a period of time that could reasonably be viewed as too long. In other cases the explanation for the delay will become relevant.
Keywords:
delay; moral injury;
Judgment 3510
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant objects to the excessive length of the process of obtaining a visa for his wife’s adopted daughter.
Considerations 24-26
Extract:
"According to the Tribunal’s case law, a staff member who files an appeal is entitled to expect a decision to be taken within a reasonable time. Since an internal appeal is a necessary prelude to judicial review, the organisation too must respect the need for expeditious proceedings (see, for example, Judgment 2116, under 11).
In the present case, the defendant organisation does not dispute the length of the internal appeal proceedings which, it says, was due to the workload of the appeal body and the complexity of the case.
While the Tribunal can accept that the complexity of the case might have occasioned some delay in processing the internal appeal, the same is not true of the workload. The above-mentioned requirement of expeditious proceedings means that the Organisation must ensure that it has the resources to deal with internal appeals within a reasonable period of time, in accordance with the case law [...]."
Reference(s)
ILOAT Judgment(s): 2116
Keywords:
delay; internal procedure;
Judgment 3508
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.
Judgment keywords
Keywords:
complaint allowed; delay; dependent child; travel expenses;
Judgment 3490
120th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to grant her request for retroactive reclassification of her former post.
Judgment keywords
Keywords:
complaint allowed; decision quashed; delay; disclosure of evidence; internal appeal; post classification;
Consideration 33
Extract:
"The complainant is […] entitled to moral damages for the IAEA’s breach of its duty to disclose at a minimum, the key document on which the decision was based."
Keywords:
delay; disclosure of evidence; moral injury;
Judgment 3447
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint as the complainant failed to establish that harassment had occurred.
Consideration 7
Extract:
"[T]he complainant submits that the investigation took over nine months to complete and that this constitutes an excessive delay. The Tribunal finds that harassment cases in particular should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also be paid to thoroughness and procedure (see Judgment 2642, under 8). In the present case, the Tribunal is of the opinion that nine months to complete a harassment investigation is by no means excessive considering the length of the grievance itself and the over 300 annexes attached to be considered."
Reference(s)
ILOAT Judgment(s): 2642
Keywords:
delay; harassment; inquiry; investigation; procedure before the tribunal;
Judgment 3439
119th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.
Consideration 4
Extract:
"The Tribunal has consistently said that time limits serve the purpose of, amongst other things, creating 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. So it is in this case. To the extent that the complainant seeks to challenge the decision to abolish his post in these proceedings and his internal appeal was time-barred, he has thus not exhausted internal remedies. His complaint, in this respect, is irreceivable."
Keywords:
delay; internal appeal; time bar;
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