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Failure to exhaust internal remedies (656,-666)
You searched for:
Keywords: Failure to exhaust internal remedies
Total judgments found: 53
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Judgment 3505
120th Session, 2015
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her sick leave entitlement beyond the date on which her appointment expired.
Judgment keywords
Keywords:
case sent back to organisation; complaint dismissed; failure to exhaust internal remedies; separation from service; sick leave;
Judgment 3499
120th Session, 2015
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the rejection of their appeal against the creation of the Ethics Office and the decision to transfer another staff member to the position of Chief Ethics Officer.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; joinder; transfer;
Judgment 3451
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaint is dismissed for failure to exhaust internal remedies.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3050, 3219
Keywords:
complaint dismissed; failure to exhaust internal remedies; illness; service-incurred;
Consideration 6
Extract:
"The complainant was informed that he could contest the decision to reject his compensation claim in one of two ways; either by requesting that a Medical Board be convened in accordance with paragraph 25(b) of Annex II of the Staff Regulations if he contested the decision on medical grounds, or by bringing an appeal to the JAAB if he contested the decision on any other grounds (such as procedural grounds). He chose not to appeal to either, instead bringing the case directly before the Tribunal. The complainant is mistaken in his understanding of the competence of the JAAB and that the decision not to convene a Medical Board is an issue of procedure, and could have been analysed by the JAAB. Staff Regulation 13.2.1 provides that special procedures apply for compensation claims."
Keywords:
failure to exhaust internal remedies;
Judgment 3450
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal set aside the contested appointment because the complainant's right to a fair and open competition was violated.
Judgment keywords
Keywords:
compensation; complaint allowed; decision quashed; failure to exhaust internal remedies; injury; medical board;
Judgment 3441
119th Session, 2015
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that UNIDO breached its duty of care, good faith and mutual trust to the complainant.
Consideration 5
Extract:
The Tribunal’s case law provides, in effect, that a complainant cannot ask the Tribunal to consider issues which were not a part of the case in the internal appeal proceedings. This is because if those issues were not before the internal appellate body for consideration they would be irreceivable for failure to exhaust internal remedies as Article VII, paragraph 1, of the Tribunal’s Statute requires. (See, for example, Judgment 2808, under 9.)
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 2808
Keywords:
failure to exhaust internal remedies; internal appeal; new claim;
Judgment 3433
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision to reject his appeals concerning warning letters he received in relation to his staff report.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies;
Judgment 3427
119th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants unsuccessfully challenge a series of decisions concerning pension issues, those being decisions of general application.
Consideration 18
Extract:
[I]t can be seen that the complaint was filed before it was properly before the Administrative Council for consideration.
Clearly the deemed rejection upon which the complainant relies was not engaged in these circumstances and the complaint is irreceivable as the internal means of redress have not been exhausted.
Keywords:
direct appeal to tribunal; failure to exhaust internal remedies;
Judgment 3399
119th Session, 2015
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the complainant's claims were all irreceivable for failure to exhaust internal means of redress.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; receivability of the complaint;
Consideration 4
Extract:
"It is firm case law that a staff member is not allowed on her or his own initiative to evade the requirement that internal means of redress must be exhausted before a complaint is filed before the Tribunal (see Judgment 3190, under 9, and the case law referred to therein)."
Reference(s)
ILOAT Judgment(s): 3190
Keywords:
failure to exhaust internal remedies;
Judgment 3211
115th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, who challenge the decision not to pay them retroactively the assignment grant lump sums, have not exhausted internal remedies.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; travel expenses;
Judgment 3194
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: As the complainant has not exhausted the internal means of redress, the complaint is summarily dismissed.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; summary procedure;
Judgment 3187
114th Session, 2013
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who requested the opening of an investigation into attempts to hack her computer, did not exhaust internal means of redress.
Judgment keywords
Keywords:
complaint dismissed; duty to inform; failure to exhaust internal remedies;
Judgment 3122
113th Session, 2012
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; retirement age;
Judgment 1098
71st Session, 1991
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complaint is irreceivable for failure to exhaust internal means of redress.
Keywords:
failure to exhaust internal remedies;
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