Internal appeals body (79, 80, 81, 84, 822, 823, 90, 91, 742, 785, 786, 813, 82, 973, 819,-666)
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Keywords: Internal appeals body
Total judgments found: 284
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Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
A complainant may properly contend that the internal appeals bodies wrongly refused to hear an appeal submitted to them and that the complaint lodged with the Tribunal is therefore receivable. An organisation may correctly argue that those bodies acted improperly in ruling on the merits of an appeal and that the complaint is therefore irreceivable. "In ruling on such contentions the Tribunal does not [...] admit the receivability of the complaint itself but merely settles a preliminary point on which the receivability of the complaint depends."
Keywords:
complaint; consequence; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint;
Judgment 313
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The chairman of the Appeals Committee having indicated that the proceedings were suspended, the complainant filed his complaint. Subsequently, the Director-General accepted the recommendation of the Committee and dismissed the appeal. "A party should not suffer prejudice from acting on even the mistaken suggestion of an appeals body. Having followed the suggestion in the chairman's letter, the complainant cannot be taken to task for acting too soon and failing to file his complaint again after [...] the [...] decision."
Keywords:
administrative delay; direct appeal to tribunal; internal appeal; internal appeals body; late decision; procedure before the tribunal; receivability of the complaint;
Judgment 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is immaterial that in its report [...] the Appeals Committee declared itself competent and so apparently overlooked [the provision which excludes appeals against the decision in question]. It is for the Tribunal to see whether Article VII of its own Statute is applicable: that means that in particular it must determine, with reference to the [organisation's] rules, the date on which the internal body of last instance took its decision and from which the ninety-day period therefore began to run."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
competence of tribunal; date; decision; internal appeals body; judicial review; mistaken hearing of merits; receivability of the complaint; start of time limit;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In its report the Appeals Committee set out the parties' allegations and commented on them. The Director-General knew of the Committee's report since he expressed his views on it. He was therefore aware of the facts which the complainant alleges were essential, and there is nothing to suggest that he disregarded them."
Keywords:
contract; disregard of essential fact; fixed-term; internal appeals body; non-renewal of contract; recommendation;
Consideration 2
Extract:
"The Tribunal might go as far as to impute an error of law to the Director-General if the impugned decision were tainted with an inconsistency. But it is not so. Contrary to what the complainant suggests, the Director-General apparently accepted the recommendation unreservedly and did not overlook it: indeed he actually explained how he would take account of it."
Keywords:
acceptance; executive head; internal appeals body; recommendation;
Consideration 2
Extract:
The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."
Keywords:
advisory body; binding character; decision; enforcement; executive head; internal appeals body; recommendation;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organisation maintains that the internal appeal was time-barred and therefore irreceivable. "According to Article VII, paragraph 1, of its Statute [the Tribunal] is required to consider merely whether the internal means of redress have been exhausted - in this case whether the Director-General's" original decision led to a recommendation by the Appeals Committee. That condition is undoubtedly fulfilled, and the complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; judicial review; receivability of the complaint; recommendation; time bar;
Consideration 1
Extract:
"It is immaterial that the Appeals Committee may have erred in hearing the appeal. The fact is that it gave its views and consequently the complainant had recourse to the internal means of redress available to him."
Keywords:
consequence; internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit;
Consideration 1
Extract:
"Although the Tribunal must determine whether its own time limit for filing a complaint has been respected, it will not review the observance of procedural rules in internal bodies. It merely notes that such bodies have heard the appeal. The most that can be said is that matters would have been different had the Director-General in his final decision expressed reservations on the propriety of the appeals procedure."
Keywords:
internal appeal; internal appeals body; judicial review; procedure before the tribunal; receivability of the complaint; time limit;
Judgment 275
36th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is not necessary to consider whether the internal time limit was respected since the Appeals Committee decided on the merits."
Keywords:
internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; time bar; time limit;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant claims an indemnity to cover the cost of travel expenses incurred in connection with the proceedings. "[T]he organization did not agree to pay these expenses, the expenses do not arise out of this claimant's terms of appointment and were not in the opinion of the Tribunal reasonably necessary for the presentation of his claims. This claim therefore fails on the merits."
Keywords:
complainant; internal appeal; internal appeals body; refund; request by a party; travel expenses;
Judgment 232
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[S]ince the complainant had let it be clearly understood that he would not attend the meeting and would be represented at it, the fact that he was not told of its exact date is immaterial to the propriety of the proceedings."
Keywords:
complainant; counsel; date; duty to inform; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply;
Considerations
Extract:
The appeals body "was free to determine whether it had enough information at its disposal and whether or not in establishing the truth it would serve any purpose to hear witnesses in the course of proceedings which by their very nature should be and are mainly written."
Keywords:
adversarial proceedings; internal appeals body; oral proceedings; refusal;
Considerations
Extract:
"The fact that [the official in question] was a member of the Appeals Board although as chief of personnel he had previously appointed the complainant to [two posts] cannot taint the composition of the Board with irregularity nor afford grounds for debarring that senior official."
Keywords:
composition of the internal appeals body; internal appeals body; recusal;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The complainant does not allege that an obligation to pay the fees and expenses incident to an appeal is one of the terms of his appointment or the subject of any provision in the Staff Regulations [which contain no] general or implied obligation to pay costs. For this reason, the Tribunal is not competent to order the relief requested."
Keywords:
competence of tribunal; counsel; internal appeal; internal appeals body; organisation's duties; refund;
Judgment 219
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 216, consideration 1.
Reference(s)
ILOAT Judgment(s): 216
Keywords:
competence; competence of tribunal; internal appeals body; tribunal;
Judgment 216
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The internal procedure and the procedure before the Administrative Tribunal are connected, the former being a necessary prelude to the latter. Subject to any provisions to the contrary in its own Statute, therefore, the Administrative Tribunal is competent to hear any cases which are referable to the internal appeals body."
Keywords:
competence; competence of tribunal; internal appeals body; tribunal;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General adopted the recommendation of the internal appeals body; neither he nor the appeals body was bound by the recommendations of the Disciplinary Committee "and he could lawfully impose a penalty more severe than had been recommended by those bodies."
Keywords:
binding character; decision; disciplinary measure; discretion; enforcement; executive head; internal appeals body; recommendation;
Judgment 200
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[I]t appears from the minutes of the Advisory Board's meeting that, contrary to what the complainant alleges, he was given a hearing by the Board, and that in any case he was able to submit full written and oral observations to the Appeals Board, whose recommendation the Director-General accepted."
Keywords:
advisory body; increment withheld; internal appeals body; judicial review; right to reply; unsatisfactory service;
Judgment 179
27th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The mere fact that one member of the Advisory Board was the son-in-law of the wife of a staff member serving in the same division as the complainant at a higher grade is not sufficient to constitute a ground for withdrawal. There is no direct relationship either by blood or by marriage between the member and the official concerned, and the latter [...] cannot [...] be regarded as his supervisor in the proper sense of the term." He was not required to withdraw.
Keywords:
advisory body; composition of the internal appeals body; condition; family relationship; internal appeals body; recusal;
Judgment 175
26th Session, 1971
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Appeals Committee, without giving any precise opinion on the points raised by complainant, merely proposed that he should be paid compensation, purely ex gratia. Consequently, although the chairman of the Advisory Committee on Compensation Claims which examined the case before the Director-General's first decision then sat as a member of the Appeals Committee, "this irregularity is not, in the circumstances of the case, such as to taint with illegality the Director-General's [...] decision."
Keywords:
advisory body; composition of the internal appeals body; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."
Keywords:
advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;
Consideration 1
Extract:
The Headquarters appeals body found several irregularities in the procedure followed by the regional appeals body. These irregularities "do not affect the validity of the decision impugned which was taken by the Director-General on the completion of a regular form of procedure after exercising powers of investigation as broad as those of the Regional Director on the advice of a body which, like the Regional Board, had a joint composition.
Keywords:
field; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedure before the tribunal;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
There is no provision in the Staff Rules for the reimbursement of travel expenses and the payment of a subsistence allowance to officials wishing to attend the meetings of the appeals bodies at which their claims are heard. The complainant therefore has no right to such reimbursement. The organization undertook voluntarily to pay his travel expenses for the purpose of his appearance before the appeals body.
Keywords:
internal appeals body; organisation's duties; refund; right; travel expenses;
Judgment 149
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The applicable provision "is specific that a staff member can only designate another staff member to represent him before the committee. It follows that any advice sought from some outside source must be paid for by the staff member himself."
Keywords:
complainant; counsel; internal appeal; internal appeals body; refund;
Consideration 2
Extract:
The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."
Keywords:
bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant objects to the organization's failure to disclose certain documents until after the internal appeals procedure was under way. "It has not been established that either of these documents in any way influenced the decision to terminate the complainant's appointment. The alleged delay in producing them did not therefore constitute a violation of his right to be heard."
Keywords:
administrative delay; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; right to reply;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In transmitting to the complainant only the recommendations of the report, without the reasons stated therein, the organization ignored the official's right to be heard."
Keywords:
disclosure of evidence; grounds; internal appeals body; organisation; refusal; report; right to reply;
Consideration 5
Extract:
The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."
Keywords:
case pending; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; procedural flaw; report; right to reply; tribunal;
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