Complaint (3, 4, 18, 19, 647, 20, 92, 675, 24, 26, 29, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 669, 680, 45, 46, 47, 48, 49, 50, 51, 108, 110, 111, 112, 113, 114, 115, 116, 433, 771, 772, 773, 774, 775, 776, 777, 778, 781, 109, 738, 769, 118, 662, 737, 739, 768, 770, 838, 877,-666)
You searched for:
Keywords: Complaint
Total judgments found: 302
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Judgment 1305
76th Session, 1994
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Registrar's manifold responsibilities, which go far beyond the ambit of Article 7(4) [*] of the Rules of Court, include the general task of maintaining relations between the Tribunal and the parties and the just as important task of ensuring proper compilation of records on cases lodged with the Tribunal. In performing those tasks the Registrar is empowered ex officio to take any action he deems fit to safeguard due process."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules
Reference(s)
ILOAT reference: ARTICLE 6(2) OF THE RULES
Keywords:
complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Consideration 17
Extract:
In the light of article 7(4) [*] of the Rules on the procedure for correcting a complaint, the Tribunal holds that "since those who fall within the Tribunal's jurisdiction live far and wide and are free to plead their own case, it is the Registrar's particular duty to see that complaints filed with the Tribunal are correctly presented and to offer a complainant such comment or advice as he thinks proper for the correction of the papers."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules
Reference(s)
ILOAT reference: ARTICLE 7(4) OF THE RULES
Keywords:
complaint; correction of complaint; formal requirements; iloat statute; interpretation; procedure before the tribunal; receivability of the complaint; submissions; tribunal;
Considerations 18-19
Extract:
The complainant is unable to provide any proof of the date on which he says he filed his complaint with the Tribunal. "The Tribunal observes that its Rules of Court are liberal in that for the purpose of reckoning the time limit Article 6(3) [*] takes the date of dispatch and thereby relieves the complainant of liability for any faulty transmittal after dispatch. "That makes it the more important to establish the date of dispatch beyond doubt in each case. [...] The complainant has failed to adduce any evidence of the dispatch of his complaint. [...] Although the Tribunal does not question the sincerity of the complainant [...] it cannot treat [his] assertions as if they were objective evidence: if it did so it would be affording an opportunity for fraudulent evasion of time limits."
*superseded by Article 4(2) of the Tribunal's Rules as in force since 1 May 1994
Keywords:
complaint; date; evidence; formal requirements; iloat statute; lack of evidence; receivability of the complaint; time bar; time limit;
Judgment 1304
76th Session, 1994
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The parties differ as to which decision set off the time limit for internal appeal. The complainant relies on negotiations which took place following an initial decision of the Secretary-General's. Those negotiations, intended to reach a settlement, ended in a second decision of the Secretary-General's to refuse to negotiate any further. The Tribunal holds that the complainant's "further action [...] and any proposals that may have been made to him did not cause the organization at any time to go back on the final decision which it had taken [...] [the subsequent decision] did no more than confirm the earlier one and set off no new time limit for appeal."
Keywords:
complaint; confirmatory decision; decision; new time limit; receivability of the complaint; start of time limit; time limit;
Judgment 1302
76th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant submits but the organisation denies that he had the status of an ESO official. "The fact of the matter is that [a private company] employed him on its own behalf, not as an agent of the ESO. Since he is wrong in contending that the ESO was his employer the Tribunal is not competent to entertain his complaint, and it must fail."
Keywords:
competence of tribunal; complaint; locus standi; non official; official; receivability of the complaint; status of complainant;
Judgment 1301
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant is objecting to a decision to put in her personal file several performance appraisals which she alleges were drawn up in breach of the established procedure and contained "libellous comments". The ILO says that she refused to submit any comments of her own on the reports and thereby prevented the review procedure from moving ahead. "The requirement that a complainant go through any internal procedure is not just a formality. [...] By refusing to [make] comments on the draft reports she is challenging the complainant failed to avail herself of the means at her disposal to have the reports withdrawn or altered. Her complaint is therefore irreceivable under Article VII(1) of the Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complainant; complaint; iloat statute; internal appeal; internal remedies exhausted; performance report; rebuttal; receivability of the complaint; refusal; work appraisal;
Judgment 1289
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"As the Tribunal has said before, many decisions by international organisations that prompt complaints are unsubstantiated. Yet the staff member is still able to defend his rights. Though not stated in the actual text, the reasons for the decision may be discerned from earlier correspondence between the parties or in the last resort from the organization's brief in reply to the complaint, which the staff member may comment on in his rejoinder. Unless there is express derogation the rule is that the organization need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."
Keywords:
case law; complaint; decision; duty to substantiate decision; injury; motivation; motivation of final decision; organisation's duties; practice; rejoinder; reply; right to reply;
Judgment 1280
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
Vide Judgment 1279, considerations 14 and 15.
Reference(s)
ILOAT Judgment(s): 1279
Keywords:
complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;
Judgment 1279
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
Under PAHO Staff Rule 1230.7.1 no-one may appeal to the Board of Appeal until "all the existing administrative channels have been tried". The complainants advised the administration that they intended to appeal to the Board as soon as they had the assurance that they had exhausted the internal remedies. "The defendant was therefore not free in good faith to treat the complainants' internal appeals to the Board as being out of time by taking a date that made it impossible for them to satisfy the prior condition set in Rule 1230.7.1."
Reference(s)
Organization rules reference: PAHO STAFF RULE 1230.7.1
Keywords:
complaint; date; good faith; internal appeal; organisation's duties; receivability of the complaint; staff regulations and rules; time limit;
Consideration 9
Extract:
"The purpose of time limits is to make for the stability in law that both sides require. Management has an interest in knowing that the decisions it takes are beyond challenge; and the staff too need to know, especially when administrative action is taken at successive stages from the general to the particular, just when they may act without fear of having their suit rejected as premature or time-barred."
Keywords:
complaint; general decision; individual decision; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Judgment 1277
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to the case law - see, for example, Judgment 435 [...] - the rule that the complainant must have exhausted the internal remedies means, first, that his complaint must rest on the same essential facts as his internal appeal and, secondly, that his claims must not be wider than those he put forward in that appeal."
Reference(s)
ILOAT Judgment(s): 435
Keywords:
case law; complaint; identical claims; identical facts; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1272
75th Session, 1993
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Though not in like case as to the appointment, [the two complainants] have much the same arguments and the same claims. So their complaints are joined to form the subject of a single ruling."
Keywords:
complaint; identical claims; joinder;
Judgment 1267
75th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Since the claim does not arise out of a dispute over any contract to which the organisation was a party, the Tribunal is not competent to entertain it."
Keywords:
competence of tribunal; complaint; contract; organisation;
Judgment 1263
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Identity of purpose means that what the complainant is seeking is what he would have obtained had his earlier suit succeeded. And it is not the actual working of the decision that matters but the complainant's intent."
Keywords:
claim; complaint; criteria; receivability of the complaint; res judicata; same purpose;
Judgment 1260
75th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant wants the Tribunal to order the removal of a mention in his file after he turned down the offer of a post which allegedly puts an "obstacle" on his name to get jobs from the organization. The organization contends that it has not had any contractual ties with the complainant since a short contract it gave him some time ago, and it points out that his present claims have no bearing on that contract. "The Tribunal's competence is restricted under Article II(5) of its Statute to hearing complaints alleging the non-observance, in substance or in form, of the terms of appointment of an official or of provisions of the organisation's Staff Regulations. The complaint fails because the Tribunal lacks competence to entertain it."
Reference(s)
ILOAT reference: ARTICLE II(5) OF THE STATUTE
Keywords:
competence of tribunal; complaint; contract; iloat statute; locus standi; non official; personal file; receivability of the complaint; staff regulations and rules;
Judgment 1259
75th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
The complainant objects to the non-renewal of his contract. The organization says his complaint is irreceivable. It does not deny that he sent a memorandum challenging the decision but argues that his internal appeal was not properly presented since he did not submit it to the Director-General himself. "That objection fails because the memorandum was correctly addressed to the Director of the Bureau of personnel, whom he asked to convey to the administration his decision to appeal. So it was incumbent on the Director to forward it to the Director-General."
Keywords:
complaint; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1258
75th Session, 1993
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
EMBL submits that only if the complainant withdraws a suit she filed with a national court will her complaint be receivable and that only the withdrawal of that suit will show that she acknowledges the Tribunal's competence. "The Tribunal is competent to entertain her claims under paragraphs 5 and 6 of Article II of its Statute; she has observed the time limits; and her complaint is receivable. It is for the [national] labour court [...] to rule on its own competence."
Reference(s)
ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE
Keywords:
competence of tribunal; complaint; iloat statute; municipal court; receivability of the complaint;
Judgment 1257
75th Session, 1993
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 1258, consideration 4.
Reference(s)
ILOAT reference: ARTICLE II(5) AND (6) OF THE STATUTE
Keywords:
competence of tribunal; complaint; iloat statute; municipal court; receivability of the complaint;
Judgment 1256
75th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant asked the Director-General to review his decision to reject his application for a vacant post after the expiry of the one month delay for filing of an internal appeal. He wants the Tribunal to acknowledge the exceptional character of his case as justifying an extension of the normally applicable time limit. "According to precedent a complainant may not be deemed to have exhausted the means of redress at his disposal within the organisation unless he has followed the prescribed internal procedure for appeal and in particular observed the time limits. So if his internal appeal was out of time his complaint to this Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: UPU STAFF RULE 111.3
Keywords:
case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;
Consideration 6
Extract:
To escape the time bar the complainant relies on UPU Staff Rule 111.3.4, which allows the Joint Appeals Committee to waive the time limit in exceptional circumstances. "As the Union observes, the time limit which the Committee may waive is not the one in 111.3.1 - the one month for submitting a request for review to the Director-General - but only the one for appeal to the Committee against the decision rejecting such request." The complaint is therefore irreceivable.
Reference(s)
Organization rules reference: UPU STAFF RULE 111.3
Keywords:
case law; complaint; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 1246
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
In her first complaint the complainant challenges what she regards as the implied rejection of her claim; in her second one she impugns express rejection. "The cause of action and the parties' pleas being the same, the two complaints are joined and there is no need to rule on the organisation's objection. Since the second complaint is receivable the Tribunal will go into the merits."
Keywords:
cause of action; complaint; express decision; implied decision; joinder; receivability of the complaint;
Judgment 1245
74th Session, 1993
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The Agency alleges that it informed her by a personnel notice that she had been excluded from the United Nations Joint Staff Pension Fund. The Tribunal holds that the notice "was wholly inadequate to alert her to the purpose and substance of the administrative decision that had been taken. Since she may not be deemed in the circumstances to have received proper 'notification' as prescribed in Rule 12.01.1 (d) (1), the time limit did not then run. Her present complaint is therefore receivable."
Reference(s)
Organization rules reference: IAEA PROVISIONAL STAFF RULE 12.01.1 (D) (1)
Keywords:
complaint; decision; internal appeal; internal appeals body; receivability of the complaint; staff regulations and rules; start of time limit; time bar;
Judgment 1244
74th Session, 1993
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The meaning of Article VII(1) of the Tribunal's Statute is, according to the case law, "that a complainant must not only have gone through any internal appeals procedure within his organisation but duly complied with the requirements of the rules on that procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint to the Tribunal will also be irreceivable under Article VII(1)."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; complaint; due process; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; tribunal;
Judgment 1243
74th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"According to the case law, where a complainant does everything necessary to get a final decision but the appeal proceedings appear unlikely to end within a reasonable time, he may go to the Tribunal. Rulings to that effect are to be found, for example, in Judgments 451 and 499."
Reference(s)
ILOAT Judgment(s): 451, 499
Keywords:
absence of final decision; administrative delay; case law; complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
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