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 1519
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The organization "objects that [one of] the complainants' [pleas] is irreceivable because they did not put it forward in support of their original claim. The objection is mistaken: receivability depends on the making of prior claims, not of prior pleas. [...] They may enter whatever pleas they like, including any they did not make in support of their internal appeal."
Keywords:
claim; complaint; internal appeal; new claim; new plea; receivability of the complaint;
Judgment 1518
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
The President's decision on the complainant's internal appeal was made on the strength of internal correspondence that the complainant had never seen and that the Appeals Committee had never considered. "That constituted a gross breach of due process." Because of the breach of Article 113(1) of the Staff Regulations on the procedure before the Appeals Committee the President's decision must be set aside.
Reference(s)
Organization rules reference: ARTICLE 113(1) OF EPO'S SERVICE REGULATIONS
Keywords:
breach; case sent back to organisation; consequence; decision; decision quashed; flaw; internal appeal; internal appeals body; procedural flaw; procedure before the tribunal; right to reply; staff regulations and rules;
Judgment 1516
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The complainant seeks "damages for the material and moral injury she has sustained on account of UNESCO's refusal to take up her claim. The Tribunal is satisfied on the evidence that the defendant has been guilty of wrongful dilatoriness and shifts of position. It will award her damages for moral injury on that count, and in the light of all the circumstances of the case it sets the amount ex aequo et bono at 5,000 dollars."
Keywords:
administrative delay; internal appeal; material damages; moral injury; procedure before the tribunal;
Judgment 1486
80th Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is true that Article VII(1) of the Tribunal's Statute requires a complainant, before he files suit with the Tribunal, not just to apply for internal review but also to await the outcome of the internal proceedings. Yet that is not a hard-and-fast rule, even though the Statute does not allow any express derogation. If a complainant does his utmost to procure a decision, and if nevertheless the internal appeals body evinces by its statements or conduct an intention not to report within a reasonable time, justice requires that an exception be made. A mere failure to proceed with all proper speed and diligence is not enough: it is only if the proceedings have been so protracted that the delay is inordinate, unexplained and inexcusable that such an intention will be inferred: see Judgments 408 [...] and 451 [...]."
Reference(s)
ILOAT reference: Article VII(1) of the Statute
ILOAT Judgment(s): 408, 451
Keywords:
administrative delay; case law; exception; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Consideration 13
Extract:
"The complainant had done everything in his power to exhaust his internal remedies and [at a certain date] it was quite clear that the internal process of review would not be concluded within a time which the Tribunal may regard as reasonable in the circumstances. [...] The complaint is therefore receivable."
Keywords:
administrative delay; exception; iloat statute; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 1471
80th Session, 1996
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Tribunal holds that the process of appeal has [...] been set at nought because neither board of appeal had at its disposal the information necessary for consideration of the case. The proper procedure is to return the case to the Regional Board so that it may resume proceedings with the Selection Committee's full records at its disposal."
Keywords:
flaw; internal appeal; internal appeals body; procedural flaw;
Judgment 1469
80th Session, 1996
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"To satisfy the requirement in Article VII(1) the complainant must not only follow the prescribed internal procedure for appeal, but follow it properly and in particular observe any time limit that may be set for the purpose for internal procedures."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; delay; iloat statute; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint;
Judgment 1464
80th Session, 1996
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant contends that her complaint is receivable because she may act under Article VII(3), the organization having failed to take its decision on her appeal within the sixty days' time limit set in that provision. But her reading of VII(3) is mistaken. It does not require that the process of appeal be completed within sixty days."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
complaint; iloat statute; implied decision; internal appeal; internal remedies exhausted; interpretation; receivability of the complaint; time limit;
Judgment 1452
79th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant has come to the Tribunal without waiting for the completion of the internal appeal procedure and for the final decision by the Director-General that will result therefrom. He has therefore failed to exhaust the means of internal appeal and there is no final decision yet for him to impugn. Article VII(3) does not apply."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords:
absence of final decision; cause of action; complaint; direct appeal to tribunal; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1451
79th Session, 1995
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"In Judgment 1932 - submits the [organisation] - the Tribunal held under 18 and 24 that [...] a suit, [filed in the general interests of the civil service,] of which the hallmark is action by staff associations or agents professing to represent them, does not form part of the system of individual appeal that the organisations which have recognised the Tribunal's jurisdiction commonly provide for in their rules and that the Tribunal's own Statute contemplates. The Tribunal need not revert to that case law since this is not such a complaint. It has been filed by several officials with the commendable aim of making the proceedings simpler, and each of them is defending his own individual interests, even though they are the same as the others'. The objection [to receivability for being a 'collective' complaint] fails."
Reference(s)
ILOAT Judgment(s): 1392
Keywords:
case law; competence of tribunal; complainant; complaint; iloat statute; internal appeal; locus standi; receivability of the complaint; staff regulations and rules; staff representative; staff union;
Consideration 20
Extract:
"The [amendment in question] strikes out of the terms of employment ipso facto the safeguard of international judicial review and vests jurisdiction in municipal courts instead. The amendment brings about an immediate and almost irreversible change in the system of appeal. So [...] every staff member has an actual and present interest in having light shed on the matter. The Tribunal affords guarantees of a system of international law within the bounds of its competence: see Judgments 1265, under 24, and 1328, under 13. It would therefore be wrong to deny the staff the right of appeal on the grounds that the impugned decision is general in purport."
Reference(s)
ILOAT Judgment(s): 1265, 1328
Keywords:
amendment to the rules; case law; cause of action; competence of tribunal; complaint; general decision; internal appeal; municipal court; receivability of the complaint; right of appeal; safeguard; staff regulations and rules; tribunal;
Consideration 19
Extract:
The organisation objects to the receivability of the complaint because "the impugned decision makes amendments to the regulations and is therefore a general one about the tenor of rules. As was said in Judgment 1393, under 6 to 8, the Tribunal has often ruled on the issue, especially for the purpose of determining when the time limit starts for appeal. It has held that where a general decision gives rise to decisions affecting individuals the time limit is set off only on notification to the official of the individual decision that affects him. Moreover, as was held in Judgment 1000, under 12, the employee may, when impugning an individual decision that touches him directly, 'challenge the lawfulness of any general or prior decision [...] that affords the basis of the individual one'. In sum, the staff member need not ordinarily impugn at once a general decision he believes has caused him injury but may, without any risk of being time-barred, wait until the general decision affects him in the form of an individual one."
Reference(s)
ILOAT Judgment(s): 1000, 1393
Keywords:
amendment to the rules; case law; cause of action; complaint; date of notification; general decision; individual decision; internal appeal; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Having been denied permanent appointments, the complainants are seeking compensation failing reinstatement. The EPO pleads that the claim is irreceivable for failure to exhaust the internal remedies open to them. "The EPO fails in its preliminary objection to the complainants' claim to damages. [...] It may not refuse the complainants access to the appeal procedure on the grounds that they are 'auxiliary' staff, yet say that they ought, in what amounted to preliminary appeal [...] to have demarcated the full ambit of any future litigation."
Keywords:
claim; good faith; internal appeal; internal remedies exhausted; material damages; organisation's duties; receivability of the complaint; status of complainant;
Judgment 1448
79th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
"The Tribunal holds that the decision [against which the complainant submitted an internal appeal] was not a final one, the object [...] being only to initiate discussion: see Judgment 336 [...]. Although he had been identified as a staff member 'likely to be terminated', there was [...] no actual decision that he would be terminated at such and such a date or on stated terms". "He failed to submit an appeal [against the final decision] and thereby failed to exhaust the internal means of redress available to him. Accordingly, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
ILOAT Judgment(s): 336
Keywords:
absence of final decision; case law; complaint; decision; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; statement of intent;
Judgment 1443
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant may not put wider claims to the Tribunal than in the internal appeal".
Keywords:
claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; new claim; receivability of the complaint;
Consideration 3
Extract:
"Some of the complainant's [...] procedural and substantive objections [rely on] claims and pleas [presented by] other staff whose appeals also went to the Appeals Committee. As the EPO [correctly] observes, the material issues of this complaint are [limited to] the decision he was challenging in his internal appeal."
Keywords:
claim; complaint; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 1442
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The EPO pleads that the complaint is irreceivable on the grounds that theinternal appeal came too long after the announcement of the disputed measure and the general decision to apply it to the staff. "The objection cannot be sustained. What the complainant is impugning is not those general decisions but theapplication of them to himself which would be the consequence of the EPO's holding to its - in his view mistaken - interpretation of them."
Keywords:
complaint; general decision; individual decision; internal appeal; receivability of the complaint; time bar; time limit;
Judgment 1435
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant wants the Tribunal to set aside the appointment of an internal candidate to a post he applied for and challenges the promotion of that candidate. "The complainant has not on any grounds challenged that promotion by way of an internal appeal and he has therefore failed to exhaust the internal remedies available to him. What is more, he has failed to show that he was adversely affected by the promotion. So the Tribunal will not in the context of this application determine whether or not the promotion was valid."
Keywords:
absence of final decision; cause of action; claim; internal appeal; internal remedies exhausted; lack of injury; receivability of the complaint;
Judgment 1434
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organization denied the Appeals Board access to information and documents that were given to the Selection Board. The Tribunal holds that the complainant "was denied due process in the internal appeal proceedings, and for that he was entitled to redress. the organization did not offer him any. The Tribunal will therefore award him 3,000 United States dollars in moral damages".
Keywords:
compensation; confidential evidence; flaw; internal appeal; internal appeals body; moral injury; procedural flaw; selection board;
Judgment 1433
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Article VII (1) of the Tribunal's Statute requires that for a complaint to be receivable the complainant must have 'exhausted such other means of resisting a final decision as are open to him under the applicable staff regulations'. The Tribunal recognises that reasonable time must be allowed for completing the internal appeal procedure. Yet in this case [fifteen months had passed between the date of the complainant's internal appeal and the organization's response to the appeal] objections to receivability ill become the defendant".
Keywords:
absence of final decision; administrative delay; case law; complaint; date; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;
Consideration 6
Extract:
"The complainant was kept waiting over sixteen months [...] for an answer to his request [...] and fifteen months for the [organisation] to file its reply [...] to his appeal [...] and so let the internal appeal procedure go ahead. The Tribunal holds that since he took all the steps he could take to obtain a final decision and since the [organisation] failed to discharge promptly its obligations under the internal procedure he was justified in coming to the Tribunal. That is in keeping with what the Tribunal ruled in, for example, Judgment 1243 [...]."
Reference(s)
ILOAT Judgment(s): 1243
Keywords:
absence of final decision; administrative delay; case law; complaint; date; direct appeal to tribunal; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; receivability of the complaint; reply;
Judgment 1429
79th Session, 1995
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
See Judgment 1244.
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
ILOAT Judgment(s): 1244
Keywords:
case law; complaint; iloat statute; internal appeal; internal remedies exhausted; interpretation; procedure before the tribunal; receivability of the complaint;
Judgment 1404
78th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant appealed to the Headquarters Appeals Board before the Regional Board had issued its report. "The complainant's own behaviour affected the regional proceedings and made for delay in the Regional Board's report and recommendation to the Regional Director. Not to be ignored either is the effect of the change in membership, which fell within the time allotted for hearing the case. On the evidence the complainant has failed to show that the Board did not intend to report within a reasonable time."
Keywords:
amendment to the rules; composition of the internal appeals body; delay; internal appeal; internal appeals body; procedure before the tribunal; reasonable time; time limit;
Judgment 1399
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Inasmuch as Rule VI 1.01 [of the Staff Regulations] confers the right of appeal on 'every member of the personnel' it may be that someone does forfeit that right on leaving the organization and so ceasing to be a staff member provided that the issues they are objecting to or the decisions they are challenging did not occur before they left. There is no danger thereby of any miscarriage of justice since [...] a former official who alleges breach of contract or of the rules he was subject to may still come to the Tribunal."
Reference(s)
Organization rules reference: CERN STAFF REGULATION VI 1.01
Keywords:
competence of tribunal; former official; internal appeal; locus standi; ratione personae; right of appeal; staff regulations and rules; status of complainant;
Consideration 13
Extract:
"CERN's refusal to produce minutes of meetings of the Joint Advisory Appeals Board in no way impaired [the complainant's] interests insofar as the hearings were recorded on tape to which [the organization] has expressly allowed him access from the outset. [...] Even though such practice is not in line with Regulation R VI 1.09 the omission is not in the circumstances a serious one."
Reference(s)
Organization rules reference: CERN REGULATION R VI 1.09
Keywords:
cause of action; consequence; flaw; internal appeal; internal appeals body; practice; procedure before the tribunal; staff regulations and rules;
Judgment 1393
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"There is no reason of public policy why an organisation should not entertain a claim, even when it is premature, pending the notification of an individual decision. That is the approach that the EPO took when, instead of warning the complainant forthwith that his appeal was premature, it entertained his claims - just as it entertained all the others - and forwarded them, after what it described as preliminary study, to the Appeals Committee. So it was in breach of good faith in objecting to receivability before the Committee at a time when the time limits set off by its individual decisions had already run out. The Tribunal accordingly holds that under the circumstances the complainant is right to plead that he was caught in a procedural trap."
Keywords:
absence of final decision; date; general decision; good faith; individual decision; internal appeal; internal appeals body; organisation's duties; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 7
Extract:
Vide Judgment 1279, consideration 9.
Reference(s)
ILOAT Judgment(s): 1279
Keywords:
case law; general decision; individual decision; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 8
Extract:
"Consistent rulings by the Tribunal make it plain that the act which is challengeable and so sets off the time limit will ordinarily be some individual decision notified to the staff member. Only that decision affords him unquestionable and final notice that the time limit is set off and that he will have to act if he wants to assert his rights."
Reference(s)
ILOAT Judgment(s): 323, 398, 624, 625, 626, 902, 963, 1081, 1101, 1134, 1148
Keywords:
case law; cause of action; date of notification; individual decision; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
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