Direct appeal to Tribunal (85, 25, 779, 780,-666)
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Keywords: Direct appeal to Tribunal
Total judgments found: 151
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Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant addressed himself to the Director of Personnel who informed him that no procedure existed for an appeal by a person not belonging to the staff of the organization. The complainant subsequently brought the matter to the attention of the Director-General who said that the organization considered his appeal to be irreceivable because he was not a staff member. The complainant concluded that this was a final decision and that he had exhausted his means of appeal. He informed the organization that he intended to file a complaint with the Tribunal. The organization did not reply. The organization thus led the complainant to believe that an appeal would be pointless and the organization cannot now be heard to object that it was not made.
Keywords:
contract; direct appeal to tribunal; good faith; internal remedies exhausted; locus standi; offer; receivability of the complaint; status of complainant;
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 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The request which the complainant addressed to the organization was never either accepted or rejected. She then filed a complaint with the Tribunal and "based it on the silence of the organization and on Article VII, paragraph 3, of the Tribunal's Statute. The organization does not dispute that the complaint falls within Article VII and accordingly, so far as that article is concerned, the complaint is receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
complaint; direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Article VII, paragraph 3, of the Statute of the Tribunal prescribes the possibility of appealing to the Tribunal where the administration fails to take a decision upon a claim within sixty days from the notification of that claim. [A provision] of the Staff Regulations [...] lays down the same rule in a different form. It provides that if a claim addressed to the Director-General or the Administrative Council has not been decided upon within sixty days of the date of its notification or submission it is deemed to be dismissed."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; implied decision; receivability of the complaint;
Judgment 255
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The letter from the chief of personnel "is not expressed as a decision but as a letter enclosing an appraisal report [...] The complainant however did not wish to disagree with the report; he wished to contend that it was not an appraisal report at all and to claim what he called a proper report. He was within his rights in taking this course by his letter [...] and since the Director-General has failed to act upon it paragraph 3 of Article VII applies."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
direct appeal to tribunal; failure to answer claim; implied decision; omission; performance report; receivability of the complaint;
Judgment 225
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."
Keywords:
acceptance; competence of tribunal; direct appeal to tribunal; discretion; exception; executive head; internal remedies exhausted; receivability of the complaint;
Judgment 185
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The regional administration failed to reply because it made a reply conditional on a matter unrelated to the request. "The position thus taken up by the administration misled [the complainant] and prevented him from following the procedure laid down [in the Staff Rules]. There is all the more reason for taking account of his error inasmuch as the [...] Rules do not mention the general rule of law [...] whereby the silence of the administration after a certain period is equivalent to rejection of a claim."
Keywords:
complaint; direct appeal to tribunal; exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; negligence; organisation; receivability of the complaint; time bar;
Judgment 156
24th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal finds that the complainant has not impugned a final decision after exhausting the internal appeal procedure and that he cannot validly plead that he was unaware of the provisions of the Staff Regulations and Rules concerning internal appeal procedures to justify his direct complaint to the Tribunal."
Keywords:
absence of final decision; direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
Judgment 147
23rd Session, 1970
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant impugns decisions of the Secretary-General without previously having exhausted the internal means of appeal provided for in the Staff Rules. "It follows that the submissions in his complaint in respect of the aforesaid decisions are not receivable."
Keywords:
direct appeal to tribunal; internal remedies exhausted; receivability of the complaint;
Consideration 2
Extract:
Although a provision of the Staff Rules allows the Appeals Board "in exceptional cases [to] waive the time-limit, the fact [...] that [the complainant], as a result of a mistake committed in good faith, addressed himself directly to the Administrative Tribunal, was not regarded by the [...] Appeals Board as an exceptional circumstance covered by the above-mentioned provision."
Keywords:
direct appeal to tribunal; exception; good faith; internal appeal; receivability of the complaint; time bar;
Judgment 146
23rd Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant did not submit an appeal to the internal appeals body before filing his complaint with the Administrative Tribunal. "He had therefore failed to exhaust the internal procedure available to him before appealing to the Tribunal." The complainant did not obtain the Director-General's leave to appeal directly to the Tribunal as required by the applicable provision. His claims are dismissed.
Keywords:
acceptance; condition; direct appeal to tribunal; executive head; internal remedies exhausted; receivability of the complaint;
Judgment 108
17th Session, 1967
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The fact that the Director-General had not given a ruling in accordance with [the material provision] could be regarded as failure to take a decision on a claim, thus entitling complainant to have recourse to the Tribunal under Article VII, paragraph 3, of its Statute. [However] the complainant would have had to file his complaint with the Administrative Tribunal within the 90 days following the 60 days during which the Director-General failed to give a ruling on his claim [...]. [He] is obviously time-barred."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
complaint; direct appeal to tribunal; failure to answer claim; internal appeal; receivability of the complaint; time bar; time limit;
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