Delay (111,-666)
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Keywords: Delay
Total judgments found: 162
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Judgment 2820
107th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Although the complaint must be dismissed as irreceivable, there was an inordinate delay in providing a reply to the appeal within the time limit provided in the Staff Rules or the time in which the Executive Director was supposed to reply. Had these time limits been observed, the matter would not have proceeded beyond the original complaint. In the circumstances, the complainant is entitled to moral damages which the Tribunal sets at 1,000 euros [...]."
Keywords:
delay; internal appeal; moral injury; staff regulations and rules;
Judgment 2811
106th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The WHO argues that the complaint is irreceivable because the complainant failed to exhaust internal means of redress. The complainant submits that, in this case, an appeal would not have served any practical purpose. Relying on various Tribunal judgments where complainants were deemed to have exhausted internal means of redress when it transpired that the latter would be inconclusive, she contends that she was likewise in a situation where she was entitled to turn directly to the Tribunal.
"The complainant is mistaken in believing that she may be deemed in this case to have exhausted internal means of redress. The precedents to which she refers [...] refer to cases where, owing to the excessive length of the internal appeal proceedings, or the organisation's wrongful attempts to impede the examination of such an appeal, the requirement that internal means of redress must be exhausted would have paralysed the complainant's exercise of his or her right to have access to the Tribunal. However, as a general rule, and according to the same line of precedent, this departure from the application of Article VII, paragraph 1, of the Statute of the Tribunal will be accepted only where complainants have done all that could reasonably be expected of them to have their internal appeal effectively examined, so that they cannot be said to be in any way responsible for a failure to exhaust the internal means of redress available within an organisation. But, this is not the case here where, on the contrary, the complainant quite simply refrained from filing such an appeal and therefore took it upon herself not to comply with this precondition for filing a complaint with the Tribunal."
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 1376, 1829, 1968, 2039
Keywords:
complaint; delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint;
Judgment 2806
106th Session, 2009
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
In Judgment 2575, the Tribunal annulled a decision to transfer the complainant from Vienna to Berlin. No action was taken to return him to Vienna. Instead, on 13 February 2007, the IOM informed him that he was to be transferred to Berlin with immediate effect. In Judgment 2691, the Tribunal declared that the decision of 13 February 2007 was "null and void ab initio".
"Like all judicial bodies, the Tribunal has inherent jurisdiction and power to take action to ensure that its judgments are implemented. That power may be exercised in any proceedings where a question is raised with respect to the implementation of a judgment. Accordingly, an order will be made for a penalty to be paid in the event that [the complainant] is not posted to Vienna within 30 days."
Reference(s)
ILOAT Judgment(s): 2575, 2691
Keywords:
application for interpretation; application for review; continuing breach; delay; execution of judgment; general principle; judgment of the tribunal; judicial review; organisation's duties; res judicata; time limit;
Judgment 2782
106th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In order to execute Judgment 2560 the Organisation paid salary arrears not only to the officials who had filed the complaints that led to that judgment, but also to all other members of staff and to all former members of staff in receipt of a retirement pension. However, interest on arrears was paid only to the members of staff who had filed a complaint with the Tribunal; the complainant was not among them. He is consequently challenging the decision not to pay him interest on arrears.
"(a) In the absence of any particular rule requiring the Organisation to pay interest on arrears to a staff member where a benefit due to that person is paid belatedly, such interest is not in principle due until the creditor - i.e. the staff member to whom the benefit is owed - has served notice on the Organisation to pay. This apparently harsh solution is justified because no particular formalities are required for the service of such notice, it being sufficient for the creditor to request payment of the amount due. [...]
(b) However, this rule does not apply where the debt is one which falls due on a fixed date. In such a case the due date is equivalent to the service of notice (dies interpellat pro homine). The debtor owes interest on arrears as from that date, without any need for the creditor to establish that he or she has requested payment of the due sum. The same applies where the debt falls due periodically at a fixed date, as in the case of a salary.
The salary adjustment at issue forms an integral part of the salary. Moreover, the salary, plus increments, is due on precise dates at the end of every month. In the instant case the payment of the staff member's salary, including the adjustment thereto, did not depend on a request from that person. The claim for interest on arrears is therefore well founded."
Reference(s)
ILOAT Judgment(s): 2560
Keywords:
adjustment; amount; complainant; date; debt; delay; exception; execution of judgment; formal requirements; general principle; increase; interest on damages; no provision; organisation's duties; payment; request by a party; retirement; salary;
Judgment 2744
105th Session, 2008
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"In the present case, over three years have elapsed between the filing of the complainant's appeal and the issuing of the Internal Appeals Committee's opinion. Moreover, two and a half years have elapsed between the filing of the appeal and the submission of the EPO's position paper before the Committee, which constitutes an excessive delay in the proceedings. Therefore, the complainant is entitled to 1,000 euros in moral damages."
Keywords:
administrative delay; date; delay; internal appeal; internal appeals body; moral injury; period; procedure before the tribunal; publication; report; right;
Judgment 2715
104th Session, 2008
World Customs Organization (Customs Co-operation Council)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Organization submits that the complaint is irreceivable because the complainant did not supply the certified translation into French of certain appended items of evidence [...] within the thirty-day period he was allowed under Article 6(2) of the Rules of the Tribunal. "It would be excessively formalistic to endorse the Organization's view that a complaint registered within the time limit laid down in Article VII, paragraph 2, of the Statute of the Tribunal is irreceivable merely because the translation of some appended items of evidence was supplied only after some delay. The only consequence thereof should be that the Tribunal should disregard the items not produced in time."
Reference(s)
ILOAT reference: Article 6, paragraph 2, of the Rules and Article VII, paragraph 2, of the Statute
Keywords:
appraisal of evidence; complaint; consequence; correction of complaint; delay; disclosure of evidence; flaw; grounds; iloat statute; receivability of the complaint; time limit;
Judgment 2708
104th Session, 2008
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
"The Organization [...] submits that the complaint is irreceivable. It asserts that the complainant's representative was notified of the impugned decision of 15 August 2006 that same day, and that the complaint filed with the Registry of the Tribunal on 15 November 2006 was therefore lodged outside the ninety-day period laid down in Article VII, paragraph 2, of the Statute of the Tribunal, which in its opinion expired on 13 November 2006.
The Tribunal draws attention to the fact that under Article VII, paragraph 2, of its Statute, to be receivable, a complaint 'must [...] have been filed within ninety days after the complainant was notified of the decision impugned'.
The complainant states that the Chairperson of the Staff Union Committee posted the decision of 15 August 2006 to him, together with a covering letter dated 17 August 2006 informing him that he had ninety days as from notification of the decision to file a complaint with the Tribunal, if he so wished.
The forwarding of the decision to the complainant's representative could not be deemed notification within the meaning of Article VII, paragraph 2, of the Statute of the Tribunal. For this reason the Organization's objection to receivability is unfounded."
Reference(s)
ILOAT reference: Article VII, paragraph 2, of the Statute
Keywords:
complaint; condition; date; date of notification; delay; iloat statute; individual decision; receivability of the complaint; staff representative; staff union; time limit;
Judgment 2698
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13-14
Extract:
The complainant was notified of a number of serious charges against him and was informed that he would be suspended from duty with pay until the end of the investigation into the charges. "The Director General did not [...] implement the Appeal Board's recommendation that he should conclude with all due speed the investigation into the allegations of serious misconduct against the complainant and should take a decision within a reasonable time. In fact he did not conduct the investigation with the dispatch required by the Tribunal's case law and by the circumstances of the case, and he thus caused an unjustified delay in the handling of the case. The explanations given by the Organization in its submissions are irrelevant, particularly because they do not indicate that the completion of the investigation was delayed through any fault on the part of the complainant.
By prolonging an essentially temporary measure beyond a reasonable time, without any valid grounds, thereby placing the complainant in a situation of uncertainty as to his further career, the Organization caused him moral injury which must be redressed by awarding him the amount of 10,000 United States dollars."
Keywords:
allowance; breach; career; case law; compensation; consequence; decision; delay; executive head; grounds; injury; inquiry; internal appeals body; investigation; moral injury; organisation's duties; provisional measures; reasonable time; recommendation; serious misconduct; suspensive action;
Judgment 2588
102nd Session, 2007
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Agency has produced before the Tribunal an excerpt of the minutes of the Panel’s meeting [...], as a result of which the complainant has been able to consult that document and to have at her disposal more information than the mere analysis thereof by the Joint Appeals Board. This late disclosure does not remedy the irregularity committed by the Agency, for it is well settled (see, for example, Judgments 1815, under 5, and 2315, under 27) that “[t]o ensure due process both in internal proceedings and before the Tribunal, the staff member must get any items of information material to the outcome”. In the instant case, consulting the Joint Advisory Panel’s report, even if it was in principle confidential, was instructive for the complainant, and some of its content was liable to influence the outcome of her claims since it discloses that some members of the Panel expressed reservations, and even showed some concern about the solution finally adopted, and that they suggested that the Agency should help the staff member to find alternative employment. This procedural irregularity does not in itself call into question the lawfulness of the impugned decision, but it must be borne in mind when assessing the injury which the complainant claims to have suffered [...].
Reference(s)
ILOAT Judgment(s): 1815, 2315
Keywords:
damages; delay; disclosure of evidence; moral injury;
Judgment 2535
101st Session, 2006
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"In the complainant's case, the post he was assigned to [...] was classified as P-5 as of 9 September 1999. [...] However, apparently because the budget did not provide funds for the post until January 2000, he was not in fact promoted until 1 March 2000. The lack of budgetary provision is not a reason which can be validly invoked by an international organisation to deny a staff member a promotion to which he or she would otherwise have a right and to deny him or her the salary which is commensurate with the duties of the post occupied."
Keywords:
budgetary reasons; date; delay; effect; grade; organisation's duties; post; promotion; refusal; right; salary;
Judgment 2522
100th Session, 2006
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The Tribunal concludes that the internal appeal proceedings were not conducted with due diligence or with the care owed by an international organisation to its staff. The complainant had reason to believe that the Agency was making every effort to hamper the proceedings to prevent them from being concluded within a reasonable time. He was not informed of the final outcome of his internal appeal until nearly two months after the Director General had taken his final decision. Moreover, the latter replied to the complainant's request for review more than three months after the request was submitted, and only after an appeal had been lodged with the Joint Appeals Board. The Tribunal concludes from the above that the complainant suffered moral injury."
Keywords:
decision; delay; due process; evidence; internal appeal; late decision; moral injury; organisation's duties; procedure before the tribunal; reasonable time; staff member's interest; time limit;
Judgment 2467
99th Session, 2005
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The complainants [...] claim compensation for the injury resulting from the delay with which their internal appeals were considered. [...] On this point, the Tribunal must recall that international organisations are fully responsible for the way their internal appeal bodies operate. In the cases in hand, however, it is worth noting that the long delay between the filing of the appeals and the reply given to them is to a large extent due to the fact that the complainants themselves waited until June 2003, and in some cases until August or October 2003, to file a rejoinder to the replies sent on behalf of the Director-General between June and August 2001. Even though their rejoinders were not mandatory from a legal point of view, these long delays show that the complainants did not pursue their appeals as diligently as precedent would require (see Judgment 1970 on this point). The Tribunal takes the view, therefore, that given the circumstances, the duration of the internal appeal procedure was not such as to amount to wrongdoing on the part of the Organization warranting redress."
Reference(s)
ILOAT Judgment(s): 1970
Keywords:
breach; case law; claim; compensation; complainant; consequence; date; delay; executive head; injury; internal appeal; internal appeals body; liability; misconduct; organisation; organisation's duties; procedure before the tribunal; rejoinder; reply; right; staff member's duties; time limit;
Judgment 2458
99th Session, 2005
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
In Judgment 2189 the Tribunal ordered the Organization to "appoint a medical board without delay". The complainant filed an application for execution of that judgment. "Once again, the complainant attempts to bypass the internal remedies, and have her internal appeal, which has been pending for over ten years, heard by the Tribunal on its merits. To do so, she would have to persuade the Tribunal that the failure of the medical board to take up and report on her claim and thereby allow her internal appeal to proceed was due to the wilful fault or neglect of UNIDO. [But] it is clear that [...] by July 2003, the necessary preliminary steps to set up the medical board had been taken and that the delays which took place after that time were largely due to the complainant herself. [...]
The obligation imposed on the Organization by Judgment 2189 to establish a medical board without delay is not wholly a one-way street. The complainant owes a duty of good faith and in the circumstances this includes not only the duty not to impede or prevent the medical board's functioning [...] but also the duty actively to collaborate with the board and to allow it to undertake its duties effectively. If the complainant had reservations about the terms of reference of the board she no doubt had the right to make them known as she did, but she could not insist on them as non-negotiable conditions precedent to the board carrying out its inquiry."
Reference(s)
ILOAT Judgment(s): 2189
Keywords:
application for execution; delay; execution of judgment; good faith; internal appeal; medical board; order; procedure before the tribunal; request by a party; staff member's duties; time limit;
Judgment 2394
98th Session, 2005
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant's appointment was terminated. "[I]t emerges quite clearly from the file that the irregularities committed [...], the careless way the Organization advertised the complainant's post before he had even had a chance to comment on the termination of his contract, and the way it admitted the unlawfulness of the termination notified on 29 August 2001 [...] only in a decision of 28 June 2003 notified to the complainant on 17 July 2003, severely harmed the complainant's legitimate interests and impaired his dignity." He is therefore entitled to a compensation for the financial and moral damage he incurred.
Keywords:
acceptance; allowance; competition; date of notification; delay; flaw; injury; material injury; misconduct; moral injury; organisation; post; respect for dignity; right; right to reply; staff member's interest; termination of employment;
Judgment 2392
98th Session, 2005
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant submits that the internal appeal procedure took far too long. "To this the Fund makes two replies: first, that the complainant implicitly accepted the delays because she did not appeal directly to the Tribunal once she had decided that matters were dragging before the Joint Appeals Board; secondly, that a large part of the delay was due to the JAB itself [...]. Neither argument is persuasive. It is true that according to the case law a complainant may come directly to the Tribunal when the internal procedure takes too long (see Judgment 2196 and the cases cited therein), but the fact that a complainant does not take advantage of this cannot be held against him or her. Likewise, whether the delay was due to IFAD's tardiness (as a very large part of it clearly was) or to the malfunctioning of the JAB is simply irrelevant in light of the organisation's duty to provide to the members of its staff an efficient internal means of redress. The complainant is entitled to damages. (See Judgments 2072 and 2197.)"
Reference(s)
ILOAT Judgment(s): 2072, 2196, 2197
Keywords:
acceptance; administrative delay; case law; cause; complainant; delay; direct appeal to tribunal; grounds; internal appeal; internal appeals body; moral injury; official; organisation's duties; procedure before the tribunal; right; time limit;
Consideration 13
Extract:
The complainant was not selected for a post. She contends that IFAD has not informed her of the reasons for rejecting her application. "[T]he evidence shows that, at best, the complainant was given only partial and incomplete oral reasons for the failure to give her preference, long after the internal appeal proceedings had been exhausted and the complaint to the Tribunal instituted. If reasons for a non-selection decision are to have any use at all they must be given in time for an unsuccessful candidate to decide what, if any, recourse should be sought. Here, they were not and the plea is well founded."
Keywords:
appointment; candidate; competition; complainant; delay; duty to inform; duty to substantiate decision; grounds; internal appeal; post; procedure before the tribunal; refusal; time limit;
Judgment 2345
97th Session, 2004
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In view of its duty of care towards its staff, an organisation must spare them the material and psychological drawbacks of endless procedures [...]: while an organisation cannot avoid an occasional overload of work, it must take appropriate measures to avert the drawbacks of a massive and foreseeable increase in legal disputes."
Keywords:
delay; duty of care; material injury; moral injury; organisation's duties; procedure before the tribunal;
Judgment 2304
96th Session, 2004
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
In its Judgment 2246, the Tribunal ordered the Organization to provide the complainant within 30 days of notification of the judgment with part of the documents supplied to the Tribunal pursuant to Judgment 2192. The complainant points out that the Organization failed to do so within the time limit. "The Tribunal finds that the delay in supplying the documents cannot be attributed solely to the Organization. Prior to the expiry of the prescribed time limit, the latter [...] had written to the complainant asking him to undertake not to divulge the requested documents to third parties. Rather than reply to that letter, the complainant filed an application for execution with the Tribunal, whereas he ought to have shown good faith by replying to the defendant's request."
Reference(s)
ILOAT Judgment(s): 2192, 2246
Keywords:
application for execution; communication to third party; confidential evidence; date of notification; delay; direct appeal to tribunal; execution of judgment; good faith; iloat; judgment of the tribunal; liability; organisation; request by a party; staff member's duties; time limit;
Judgment 2282
96th Session, 2004
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The integrity of the internal appellate process is of fundamental importance to the proper functioning of the international civil service. Like the process before the Tribunal itself, it must be free of any taint of fraud or abuse of power. If mere delay in the completion of an internal appeal is enough to vitiate the process (see Judgments 2072 and 2197), how much more will that be the case where the process is corrupted at its very source by an attempt to keep staff members from exercising their legal rights. The Tribunal asserts unhesitatingly that intimidation or threats of reprisal in such circumstances will be severely sanctioned. Indeed, there is a positive obligation on the part of the administration of every international organisation to assist staff in the exercise of their recourse and to place no obstacle in their way."
Reference(s)
ILOAT Judgment(s): 2072, 2197
Keywords:
abuse of power; delay; due process; hidden disciplinary measure; internal appeal; internal appeals body; lack of consent; misuse of authority; organisation's duties; procedural flaw; procedure before the tribunal; right; submissions;
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;
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