Delay in internal procedure (696,-666)
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Keywords: Delay in internal procedure
Total judgments found: 96
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Judgment 4109
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.
Consideration 10
Extract:
As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 21 August 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.
Keywords:
delay in internal procedure; moral injury;
Judgment 4108
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.
Consideration 10
Extract:
As to the proceedings before the JAAB, they were also seriously delayed. Whereas the grievance was filed on 21 August 2014, the JAAB’s report was issued on 1 April 2016. Both the JAAB and the ILO have admitted this delay, which the Director-General agreed, in the impugned decision, to compensate in the amount of 2,500 Swiss francs.
Keywords:
delay in internal procedure; moral injury;
Judgment 4102
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the ILO’s failure to take a final decision on her job grading appeal and the failure to grant her a contract without limit of time.
Consideration 7
Extract:
In awarding moral damages, the Tribunal takes into consideration that the Administration, in its letter of 6 March 2017, recognized its egregious administrative oversights and therefore decided to pay the complainant immediately 20,000 Swiss francs, and that the Director-General offered his sincere apologies.
Taking into account that the complainant requested in 2009 that her job be graded at the G.4 level, that on 10 May 2017 a final decision had not yet been taken, that there was a failure to exercise a duty of care on the part of the Administration, which has failed to act for a long time, and that the issue was of great importance for the complainant, the Tribunal decides to award her 16,000 Swiss francs in moral damages in addition to the 20,000 Swiss francs already paid by the Organization.
Keywords:
delay in internal procedure; duty of care; moral injury;
Judgment 4100
127th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for a position for which he had applied.
Consideration 7
Extract:
It is well settled in the case law that internal appeals must be conducted with due diligence and in a manner consistent with the duty of care an international organization owes to its staff members (see Judgments 3160, under 16, and 3582, under 3). Although it appears that the Administration took some steps to deal with an unusually large volume of work, the time taken to finalize the HBA report was nonetheless unreasonable. In Judgment 3160, under 17, the Tribunal held:
“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.”
(See also Judgment 4031, under 8.)
Reference(s)
ILOAT Judgment(s): 3160, 3582, 4031
Keywords:
delay in internal procedure; duty of care; moral injury;
Judgment 4098
127th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to select him for a position for which he had applied.
Consideration 10
Extract:
It is well settled in the case law that internal appeals must be conducted with due diligence and in a manner consistent with the duty of care an international organization owes to its staff members (see Judgment 3160, under 16; see also Judgments 3582, under 3, and 3688, under 11). In the present case, there was unreasonable delay in the appeal process[.]
Reference(s)
ILOAT Judgment(s): 3160, 3582, 3688
Keywords:
delay in internal procedure; duty of care; organisation's duties;
Judgment 4074
127th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to review or amend the separation agreement offered to him and to terminate his appointment without the appropriate financial package.
Consideration 17
Extract:
The complainant seeks moral damages for the delay in the internal consideration of his grievance. The Global Fund argues this claim is irreceivable. Routinely and necessarily such a claim can only first be made in the Tribunal. The claim is receivable. The Global Fund contends the internal appeal process took 11 months, which was reasonable. The complainant draws attention to the fact that there was a period of nearly 18 months between the public delivery of the Tribunal’s judgment and the final decision of the Executive Director. Even taking that longer period, significant periods of time can be attributed to the conduct of the complainant or his counsel, particularly the time taken to respond to a Global Fund proposal concerning informal discussions to resolve the matter in the first half of 2015. The internal appeal took approximately 11 months. This is a lengthy period but, in all the circumstances including the factual and legal complexity of the proceedings, it was not unreasonable. The claim for moral damages for excessive delay is rejected.
Keywords:
delay in internal procedure; internal procedure; new claim; receivability of the complaint;
Judgment 4064
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a request made by the Administration of the FAO that he provide comments, while he was on certified sick leave, on a report issued by the Investigation Panel appointed to investigate allegations of harassment against him.
Consideration 12
Extract:
[T]he internal appeal process, which took some twenty-eight months to be completed, was too long. For this, the complainant will be awarded 2,000 euros in moral damages.
Keywords:
delay in internal procedure; moral injury;
Judgment 4063
127th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment on disciplinary grounds.
Consideration 14
Extract:
The Tribunal recalls its consistent case law according to which 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 Judgment 3336, consideration 6). In this case, the complainant submitted his detailed appeal to the Appeals Board on 11 March 2015 – following the public delivery of Judgment 3398 – and the decision of the Director-General on this appeal was issued only on 2 August 2016, that is almost seventeen months later.
Given the nature of the case, which concerns a termination for disciplinary reasons, the Tribunal considers that such a period of time was excessive and that, in this regard, moral damages should be awarded to the complainant in the amount of 1,000 euros.
Reference(s)
ILOAT Judgment(s): 3336
Keywords:
delay in internal procedure; disciplinary measure; moral injury;
Judgment 4031
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the step level he was placed in upon implementation of a new local salary scale for General Service staff in New Delhi, India.
Consideration 8
Extract:
The complainant submits that he suffered injury as a consequence of the “inordinate, inexplicable and inexcusable” delay in the internal appeal process. He seeks moral damages on this account. The Tribunal has relevantly stated as follows in Judgment 3160, consideration 17:
“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.”
Reference(s)
ILOAT Judgment(s): 3160
Keywords:
delay in internal procedure; internal appeal; moral injury; patere legem; reasonable time;
Judgment 3999
126th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to reclassify her post.
Consideration 12
Extract:
The time that elapsed from the filing of the internal appeal until the Appeal Board issued its conclusions was approximately 16 months. This included a period during which extensions were granted with respect to the filing of the submissions while there were attempts to reach a settlement. The Director General’s final decision was notified to the complainant within the time limit provided by the Staff Regulations and Rules. In these circumstances the Tribunal does not consider the duration of the internal appeal proceedings to be excessive.
Keywords:
delay in internal procedure; internal appeal;
Judgment 3975
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, the successors of a former official of the EPO who passed away, filed a complaint with the Tribunal, considering that there has been an implied decision to reject his internal appeals.
Consideration 6
Extract:
Although the amount of time that the EPO has taken to process these internal appeals appears, prima facie, to be excessively long, the Tribunal notes that the public delivery on 30 November 2016 of Judgment 3785, dealing with the composition of the Appeals Committee, may well account for the fact that the complainants did not receive a final decision at the end of 2016. Indeed, given the finding of the Tribunal that the Appeals Committee was not composed in accordance with the applicable rules, a final decision could not have been based on the opinion of the Appeals Committee in relation to the internal appeals.
Reference(s)
ILOAT Judgment(s): 3785
Keywords:
delay in internal procedure;
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 3935
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant accuses his former supervisor of moral harassment.
Consideration 16
Extract:
[T]he complainant’s contention that in this case UNESCO breached the time limits prescribed in the provisions governing the appeals procedure is well founded. [...]
It is true that, as UNESCO rightly points out, the failure to observe the aforementioned provisions of the Statutes of the Appeals Board did not seriously infringe the complainant’s rights, and the delays, some of which are attributable to the complainant, can partly be explained by the unusual complexity of the case. It should also be borne in mind that the Director-General’s final decision was preceded by discussions with the complainant aimed at reaching a settlement, which obviously delayed its adoption.
Nevertheless, the Organization was obliged, in accordance with the principle tu patere legem quam ipse fecisti, to adhere more strictly to the procedural time limits laid down in the Statutes of the Appeals Board. Its failure to do so caused the complainant moral injury, for which he legitimately claims redress (see, for similar cases, Judgments 3579, under 4, and 3688, under 11).
Reference(s)
ILOAT Judgment(s): 3579, 3688
Keywords:
delay in internal procedure; moral injury; organisation's duties; patere legem; time limit;
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 3925
125th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his application for payment of language training fees.
Consideration 9
Extract:
The complainant [...] complains of the slow handling of his internal complaint. The Tribunal observes that whereas Article 92(2) of the Staff Regulations governing officials of the Eurocontrol Agency specifies a time limit of four months for the Director General to notify the person concerned of his reasoned decision, in this case such a decision was taken only after nine months. Although that length of time is not unreasonable in absolute terms, it nevertheless constitutes a breach by Eurocontrol of its own rules, which caused the complainant moral injury that likewise warrants redress.
Keywords:
delay in internal procedure; moral injury; patere legem;
Judgment 3894
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that there has been an implied decision to reject his internal appeal and he bases his complaint on Article VII, paragraph 3, of the Tribunal’s Statute.
Consideration 4
Extract:
Although the amount of time that the EPO has taken to process an internal appeal concerning a suspension from service appears, prima facie, to be excessively long, the Tribunal notes that the public delivery on 30 November 2016 of Judgment 3785, dealing with the composition of the Appeals Committee, may well account for the fact that the complainant did not receive a final decision at the end of 2016. Indeed, given the finding of the Tribunal that the Appeals Committee was not composed in accordance with the applicable rules, the President of the Office could not have based his final decision on the opinion of the Appeals Committee in relation to the complainant’s internal appeal.
Keywords:
delay in internal procedure;
Judgment 3892
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that no final decision has yet been taken on her internal appeal.
Consideration 5
Extract:
The circumstances of this case are not such that the exercise of the complainant’s right of appeal can be said to be paralysed. The Tribunal recognises that its finding in Judgments 3694 and 3785 that the composition of the Appeals Committee was unlawful is liable to have repercussions on many other decisions taken by the EPO’s appointing authorities on internal appeals, in addition to the decisions impugned in the complaints leading to those judgments. However, the necessary reorganisation of the Appeals Committee’s workload that this will entail, which, in view of the number of appeals concerned, can be expected to take some time, has not paralysed the exercise of the complainant’s rights.
Reference(s)
ILOAT Judgment(s): 3694, 3785
Keywords:
delay in internal procedure;
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.
Consideration 5
Extract:
The claim for moral damages for the excessive delay in the internal appeal proceedings is founded. Consistent case law holds that an unjustified duration of four years for the processing of an internal appeal constitutes an excessive delay. In the present case, the EPO has not justified in any way the three-year delay from the time of the filing of the internal appeals and the filing of its position paper. Considering the length of the delay, the nature of the question raised, and the age of the complainants, the Tribunal sets the award of moral damages in the amount of 3,000 euros per complainant.
Keywords:
delay in internal procedure; moral injury;
Judgment keywords
Keywords:
complaint allowed; delay; delay in internal procedure; post classification;
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