Internal appeal (86, 87, 668, 695, 752, 783,-666)
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Keywords: Internal appeal
Total judgments found: 463
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Judgment 2312
96th Session, 2004
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The [EMBL] Staff Rules and Regulations do not provide an internal appeal mechanism for a person in the complainant's position. The Tribunal has frequently commented on the desirability and utility of internal appeal procedures which not only make the Tribunal's task easier but also substantially reduce its workload by bringing a satisfactory and less expensive resolution to many disputes at an earlier stage. In any case, the Tribunal remains the ultimate arbiter of the rights of international civil servants and it can, and will, exercise its jurisdiction in appropriate cases."
Keywords:
competence of tribunal; iloat; internal appeal; judicial review; last instance; no provision; official; procedure before the tribunal; recommendation; right; settlement out of court; staff regulations and rules; vested competence;
Consideration 3
Extract:
Under the EMBL Staff Rules and Regulations, there is no provision to appeal internally the non-renewal of a contract. "There is [...] no merit to the Laboratory's suggestion that the deliberate exclusion in the Staff Rules and Regulations of an internal appeal mechanism with regard to the non-renewal of a contract operates so as to exclude complaints to the Tribunal. The Tribunal's jurisdiction is not determined by an organisation's Staff Rules but by the terms of the Tribunal's own Statute and the defendant organisation's submission to it. Thus, an organisation cannot unilaterally preclude the right to lodge a complaint. While it is the case that the Tribunal will often defer to discretionary decisions, the fact that a decision is discretionary does not take it outside of the Tribunal's jurisdiction. Although a discretionary decision may warrant significant deference, it is still reviewable."
Keywords:
acceptance; competence of tribunal; complaint; consequence; contract; decision; definition; discretion; effect; iloat; iloat statute; internal appeal; judicial review; no provision; non-renewal of contract; omission; organisation; procedure before the tribunal; provision; right; right of appeal; staff regulations and rules;
Judgment 2307
96th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
The investigation of a complaint filed by an international civil servant should not be used subsequently as the basis for an appraisal report, and even less to justify the termination of a contract.
The complainant is, accordingly, right in maintaining that the assessment which led the Reports Board to recommend that her contract should not be extended and the Director-General subsequently to endorse that recommendation, was based on information which should not have been taken into consideration.
Keywords:
internal appeal; non-renewal of contract; official; organisation's duties; performance report; submissions; termination of employment;
Judgment 2306
96th Session, 2004
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant seeks the creation of an Office of the Ombudsman. "So far as concerns the claim [...], the complaint is clearly irreceivable. In this regard, it is sufficient to note that [the] claim was made for the first time in the complaint to the Tribunal and, accordingly, no decision could have been made on that issue prior to the filing of the complaint. More importantly, the claim does not concern the non-observance of the complainant's terms of appointment or of the provisions of the Staff Regulations of the [Organization], they being the only matters upon which this Tribunal is competent to adjudicate."
Keywords:
absence of final decision; breach; claim; competence of tribunal; consequence; contract; iloat; internal appeal; new claim; procedure before the tribunal; provision; receivability of the complaint; staff regulations and rules;
Judgment 2297
96th Session, 2004
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"[I]f an internal appeal was time-barred and the internal appeals body was wrong to hear it, the Tribunal would not entertain a complaint challenging the decision taken on a recommendation by that body (see Judgment 775, under 1)."
Reference(s)
ILOAT Judgment(s): 775
Keywords:
advisory opinion; complaint; decision; internal appeal; internal appeals body; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit; tribunal;
Judgment 2290
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Organisation contends that the internal appeal against a decision not to refund medical costs was not lodged in time. In doing so, it takes as the starting point of the time-limit the insurance representative's statement of account rejecting the request for refund. This "plea [...] is unfounded [...] This is because the insurance representative is not an organ of the Organisation, able to take decisions in the meaning of the Office's Service Regulations for Permanent Employees. Decisions concerning insurance benefits are taken by the Office, and more specifically by its President, in accordance with Article 83 of those Regulations."
Reference(s)
Organization rules reference: Article 83 of the Service Regulations for Permanent Employees of the European Patent Office
Keywords:
complaint; decision; executive head; health insurance; illness; insurance; internal appeal; medical expenses; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;
Judgment 2282
96th Session, 2004
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"[W]hat is at issue here is a plea of prescription on the part of the [organization], which seeks to take the benefit of the two-year limitation period in [a] staff rule. But prescription cannot be invoked by a party which has by its own actions prevented the timely exercise of the creditor's recourses. That is what the pleadings reveal to be the case here."
Keywords:
internal appeal; organisation's duties; refund; time bar; time limit;
Consideration 11
Extract:
"The integrity of the internal appellate process is of fundamental importance to the proper functioning of the international civil service. Like the process before the Tribunal itself, it must be free of any taint of fraud or abuse of power. If mere delay in the completion of an internal appeal is enough to vitiate the process (see Judgments 2072 and 2197), how much more will that be the case where the process is corrupted at its very source by an attempt to keep staff members from exercising their legal rights. The Tribunal asserts unhesitatingly that intimidation or threats of reprisal in such circumstances will be severely sanctioned. Indeed, there is a positive obligation on the part of the administration of every international organisation to assist staff in the exercise of their recourse and to place no obstacle in their way."
Reference(s)
ILOAT Judgment(s): 2072, 2197
Keywords:
abuse of power; delay; due process; hidden disciplinary measure; internal appeal; internal appeals body; lack of consent; misuse of authority; organisation's duties; procedural flaw; procedure before the tribunal; right; submissions;
Judgment 2278
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"As the titular head of the very administration whose conduct is being called into question, the President of the Office must be scrupulous in the performance of his function as final decision-maker in internal appeals. It is his duty not only to be fair and objective; his conduct must also make it manifest that he has been so. It is not enough to state, as the President appears to do in the impugned decision, that he thinks the administration has put forward the better case. That is not a reason but a conclusion. The internal appellate process is designed and intended to provide fair, satisfactory and rapid resolution of staff grievances in international organisations."
Keywords:
bias; decision; duty to substantiate decision; executive head; internal appeal; organisation's duties; purpose; safeguard;
Judgment 2261
95th Session, 2003
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
The complainant challenges a disciplinary measure of dismissal for misconduct based on the following three charges: (1) external commercial activities and misrepresentation, (2) disloyalty, and (3) insubordination. In the challenged decision, the Director-General refused to follow the Appeals Committee's recommendation to the effect that the three charges be dismissed and confirmed the dismissal, dealing in detail with the first charge. Although the Tribunal acknowledges that the evidence justifies the Director-General's position, it sets aside the impugned decision because "the Director-General entirely failed to give any reason whatsoever for disagreeing with the Committee's recommendations respecting the second and third charges". The Tribunal adds that "it is not for [...] itself [to] examine the evidence to find justification for the unmotivated decision of the Director-General. [...] Nor should it condone the organization's failure to bring the internal appeal process to a timely and proper conclusion effectively depriving the complainant of both his remedy and his employment for over three years. Accordingly, it will quash the penalty on the first charge only and refer the matter back to the Director-General for a new decision on the penalty after giving the complainant full opportunity to make representations."
Keywords:
concurrent employment; conduct; decision; disciplinary measure; due process; duty to substantiate decision; executive head; fitness for international civil service; insubordination; internal appeal; internal appeals body; misconduct; organisation's duties; refusal; report; right of appeal; right to reply; separation from service; termination of employment; time limit;
Judgment 2255
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
"The organization did not contest the receivability of the appeals to the appeals board and does not now contest that the complaints were timely filed in accordance with the Tribunal's Statute. Notwithstanding these facts, however, UNESCO now argues that the internal appeals to the Appeals Board were irreceivable and that accordingly, the complaints to the Tribunal are also irreceivable. [...] In Judgment 522, the Tribunal was faced with the identical situation and held: "There can be no doubt that the appropriate, if not the only, time to take the point was before the Appeals Board, since it is the proceedings before the Board that are said to be out of time [...] and not the proceedings before the Tribunal itself. The Tribunal has therefore now to consider whether or not justice requires that the organization should be given a second opportunity to take the point. Three factors ought to be considered. The first is whether the point is a clear and compelling one. The second is whether there is an adequate explanation of the organization's failure to take it. The third is whether the complainant may be prejudiced by the organizations's failure.' " The Tribunal applies, in the present case, the criteria set out in Judgment 552.
Reference(s)
ILOAT Judgment(s): 522
Keywords:
case law; complaint; date; injury; internal appeal; new plea; organisation's duties; receivability of the complaint; time limit;
Judgment 2244
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Although the disputed decision is regulatory in character, it applies generally to a category of staff members whom it may adversely affect. The case law has it (see Judgments 1451 and 1618) that in such a case there is no need to await an individual decision before an appeal can be considered receivable, and that the staff members concerned have an interest in challenging the lawfulness of the general decision which may affect them. Their complaints are therefore receivable ratione personae."
Reference(s)
ILOAT Judgment(s): 1451, 1618
Keywords:
case law; complainant; complaint; general decision; individual decision; internal appeal; locus standi; receivability of the complaint; status of complainant;
Considerations 6-7
Extract:
Although "the complainants learnt from [a communiqué], addressed to all staff [...], that their appeal had been rejected [...] they were officially notified of the dismissal of their appeals only in [subsequent] letters [...], receipt of which they were asked to acknowledge. Contrary to the argument of the defendant, that was not a confirmation, but the first official notification of the decision to reject the internal appeals they had filed."
Keywords:
confirmatory decision; date of notification; general decision; individual decision; information note; internal appeal; receivability of the complaint; time bar;
Judgment 2236
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The right to intervene in a complaint filed before the Tribunal is available to persons who wish to claim the benefit of the judgment rendered on that complaint, without having themselves exhausted the remedies available to them. since the intervener has availed himself of the internal remedies and filed a complaint before the Tribunal on which judgment is delivered this day, his application to intervene is, therefore, irreceivable."
Keywords:
complaint; consequence; effect; intention of parties; internal appeal; intervention; judgment of the tribunal; receivability of the complaint; request by a party; right; status of complainant;
Judgment 2232
95th Session, 2003
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant, who had been the Organisation's Director-General, impugns the decision to terminate his appointment. The Organisation raises an objection to receivability because the matter was not referred to the Appeals Council. "In the present case, that procedure was not and clearly could not have been followed. Indeed, it is hard to imagine how the Director-General, stripped of his functions, could have appealed to the Appeals Council established under his own authority, against a decision of the Conference of the States parties, with a view to obtaining a final decision by the new Director-General. [...] An appeal to the Appeals Council was inconceivable, and the impugned decision was clearly a final decision - within the meaning of Article VII of the Tribunal's Statute [...] in that situation, a direct appeal to the Tribunal [...] was clearly the only remedy available to the complainant."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
absence of final decision; competence; decision; direct appeal to tribunal; executive body; executive head; grounds; iloat statute; internal appeal; internal appeals body; member state; procedure before the tribunal; purpose; rebuttal; receivability of the complaint; termination of employment;
Judgment 2223
95th Session, 2003
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The fact that the Director-General [did not initiate] the appeal procedure invalidates the defendant's argument that internal remedies were not exhausted, although they should have been as required by article vii of the Tribunal's Statute. While it is regrettable that the case was never brought before the Joint Advisory Appeals Board, this does not prevent the Tribunal from ruling on the merits of the complaint, which has been filed within the applicable rules."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
competence of tribunal; consequence; executive head; formal requirements; good faith; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; organisation; organisation's duties; procedure before the tribunal; receivability of the complaint; refusal; staff member's duties;
Judgment 2218
95th Session, 2003
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".
Keywords:
claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure before the tribunal; receivability of the complaint; request by a party; salary; scale;
Judgment 2216
95th Session, 2003
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 8-9
Extract:
Article VI 1.01 of ESO's International Staff Rules reads as follows: " 'Every member of the personnel shall have the right to appeal against any decision of the Director General concerning himself.' Thus, a person who is not a "member of the personnel" has no right to launch an internal appeal and his or her only recourse is directly to the Tribunal."
Reference(s)
Organization rules reference: ARTICLE VI 1.01 OF ESO'S INTERNATIONAL STAFF RULES
Keywords:
cause of action; consequence; decision; direct appeal to tribunal; executive head; general principle; internal appeal; official; procedure before the tribunal; provision; right; right of appeal; staff regulations and rules; status of complainant;
Judgment 2197
94th Session, 2003
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 33
Extract:
"Since compliance with internal appeal procedures is a condition precedent to access to the tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.
Reference(s)
ILOAT Judgment(s): 2072
Keywords:
administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; material damages; moral injury; oral proceedings; organisation's duties; staff member's duties;
Judgment 2196
94th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The Tribunal "notes [...] that even after the filing of the complaints, it took the organisation more than a year to bring the internal appeal procedure to a conclusion. By any standards, that is an unacceptable delay. The organisation's plea that it is overwhelmed by a heavy volume and a backlog of internal appeals may be a reason, but it is not an excuse. Incompetence or a lack of resources can never justify depriving employees of their right to a speedy and just resolution of their grievances."
Keywords:
administrative delay; complaint; delay; internal appeal; internal appeals body; internal remedies exhausted; organisation's duties; receivability of the complaint; right;
Judgment 2190
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's claim that the Tribunal should order the organization to undertake disciplinary investigations into the actions of [...] the staff member who allegedly entered a 'frivolous and dilatory' plea of irreceivability before the [Headquarters] Board [of Appeal], clearly cannot be allowed by the Tribunal, which has no jurisdiction to issue injunctions against international organisations, let alone to cast judgment on the means of defence used on behalf of such organisations in the context of internal appeal proceedings or litigation."
Keywords:
claim; competence of tribunal; disciplinary procedure; inquiry; internal appeal; internal appeals body; investigation; organisation; receivability of the complaint; reply; right to reply;
Judgment 2181
94th Session, 2003
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant seeks the validation of her service, for pension purposes, of the period between 13 September 1978 and 14 November 1979. What emerges from Article 23 of the UNJSPF Regulations is that "staff members whose terms of appointment expressly excluded participation in the UNJSPF during the period of service preceding their participation cannot subsequently request the validation of that period of service. that was the case with the complainant [...] she could [...] have made use, at the time [...] of the appeal mechanisms established by the [organisation], to obtain a modification of the terms of her contracts, or to challenge the legality of [the] rule [which provided that staff members engaged under short-term contracts could not participate in the unjspf]. However, since she failed to do so in due time, she is hardly in a position to seek the annulment of her appointments of 1978 and 1979 more than 20 years later. Besides, the nature of those appointments can no longer be challenged. The argument that the complainant did not use the available means of appeal for fear of harming her career cannot be accepted. Moreover, her request for validation of service, which was submitted on 22 December 1999, must be considered to be time-barred."
Keywords:
contract; contributory service; fund membership; internal appeal; late appeal; participation excluded; receivability of the complaint; short-term; terms of appointment; time bar; time limit; unjspf; validation of service;
Judgment 2180
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The allegation that the reasons for the complainant's non-inclusion on the short list were not fully explained to her when she first asked for the reasons [...] becomes irrelevant in light of the undoubted fact that such reasons were fully and adequately given during the internal appeal procedure."
Keywords:
appointment; failure to answer claim; grounds; internal appeal; organisation's duties; procedure before the tribunal; refusal; request by a party;
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