Internal remedies exhausted (88, 89, 656, 743,-666)
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Keywords: Internal remedies exhausted
Total judgments found: 313
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Judgment 1227
74th Session, 1993
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant is challenging a report submitted by the Joint Appeals Board. "The report [...] plainly does not constitute a final decision within the meaning of the UNIDO Staff Regulations and Staff Rules. The complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; complaint; iloat statute; internal appeals body; internal remedies exhausted; receivability of the complaint; report;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It is plain on the evidence that the bureau of personnel told the complainant that the Director-General would be willing to waive the Appeals Board's jurisdiction [under UNESCO Staff Rule 111.2(b)] if she so wished, that she expressly agreed to the suggestion, and that she formally sought and was granted waiver by the Director-General." So the complainant appealed directly to the Tribunal "in full freedom".
Reference(s)
Organization rules reference: UNESCO STAFF RULE 111.2(B)
Keywords:
complainant; complaint; direct appeal to tribunal; internal remedies exhausted; lack of consent; receivability of the complaint;
Judgment 1205
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complaint is irreceivable because the decision impugned is not a final one: the complainant has failed to exhaust the internal means of redress, in breach of the requirement in Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
absence of final decision; decision; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1181
73rd Session, 1992
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complaint raises a question of receivability. Under Article 43 (1) of the Staff Regulations an internal appeal must be lodged within thirty days of the date on which a decision was notified. The complainant pleads that he made a material mistake by reading the thirty days as one calendar month. "Time limits for internal appeals must be strictly complied with. The complainant failed to abide by the Staff Regulations, and the mistake he supposedly made is irrelevant because the organization did not seek to mislead him. Since he has not exhausted the internal means of redress, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: ARTICLE 43 OF THE INTERPOL STAFF REGULATIONS
Keywords:
date of notification; delay; iloat statute; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; staff regulations and rules; start of time limit; time bar; time limit;
Judgment 1172
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The conclusion is that in substance [the complainant's] letter [...] amounted to a request for further information and explanation on a matter the parties had been discussing for years. If his intention was to lodge an appeal under Chapter VI of the Staff Rules he ought to have used language more in keeping with that of an appeal. In any event, on receiving CERN's reply [...] he ought to have applied for referral to the Appeals Board, which [...] is not just a formality. Had he applied for such referral the ambiguous wording of his letter might have been treated as just an oversight, and had the organization turned down his claims it might have been held that he had exhausted the internal means of redress as Article VII(1) the Tribunal's Statute required him to do."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: CHAPTER VI OF THE CERN STAFF RULES
Keywords:
condition; formal requirements; iloat statute; internal appeal; internal remedies exhausted; reply; staff regulations and rules;
Judgment 1149
72nd Session, 1992
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
case law; claim; iloat statute; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1145
72nd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant's claim to reinstatement is irreceivable under Article VII(1) of the Tribunal's Statute because it has not formed part of any internal 'complaint' from him under Article 13.2 of the Staff Regulations and he has therefore failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: ARTICLE 13.2 OF THE ILO STAFF REGULATIONS
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 1141
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"According to Article VII(1) of the Tribunal's Statute a complaint shall not be receivable unless the official has exhausted such other means of resisting it as are open to him under the applicable staff regulations. The purpose is twofold: the official should first avail himself of any opportunities he may have within the organisation for obtaining redress; then, if he presses his case, the Tribunal should have at its disposal full records on the administrative handling of the dispute."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
complaint; internal remedies exhausted; receivability of the complaint;
Judgment 1134
72nd Session, 1992
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In keeping with precedent and with [Article] VII(1) [of the Statute] a complaint will be irreceivable if it challenges a general decision that must ordinarily be put into effect by individual decisions against which internal appeal will lie."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
administrative instruction; condition; general decision; individual decision; internal remedies exhausted; receivability of the complaint; staff union;
Judgment 1132
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The case law makes it clear that time limits in rules on internal appeals must be strictly adhered to. The complainant did not comply with the requirements of the Service Regulations. Nor can he show any breach of good faith on the organisation's part. His complaint is therefore irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
exception; good faith; internal appeal; internal remedies exhausted; mandatory time limit; receivability of the complaint; time bar; time limit;
Judgment 1117
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The complainants took the view that according to the principle of equal treatment embodied in the Staff Regulations, they were entitled not only to arrears of pay but also to interest thereon. They were free to conclude that the competent authority had, to quote Article 92(2), 'failed to adopt a measure prescribed by the Staff Regulations' and that they therefore had the right to appeal directly to the Tribunal against the refusal of their claims." The conclusion is that without submitting a 92(1) claim to the Director General they did exhaust the internal means of redress.
Reference(s)
Organization rules reference: ARTICLE 92(1) AND (2) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint;
Consideration 15
Extract:
"According to Article 92 of the Staff Regulations the gist of the internal appeal procedure is that before lodging an internal complaint the staff member shall submit his grievances or claims to the administration to enable it to take a decision. That is what the complainants did since Eurocontrol had the opportunity of stating its position." The organisation's objections to receivability on the grounds that the complainants did not exhaust the internal means of redress by putting their claims to the Director General as provided by Article 92(1) fails.
Reference(s)
Organization rules reference: ARTICLE 92(1) OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1109
71st Session, 1991
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"By the date of filing [his first complaint], 15 March 1990, the complainant had lodged with the organisation one request for review under Article 13.1 of the Staff Regulations and another under Paragraph 15 of Circular 334 [on personal promotion]. Only afterwards, on 2 April, did he file an internal 'complaint' under Article 13.2. So he has failed to exhaust the internal means of redress as Article VII(1) of the Tribunal's Statute requires him to do." The first complaint is irreceivable.
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: ARTICLES 13.1 AND 13.2 OF THE ILO STAFF REGULATIONS; ILO CIRCULAR 334 (SERIES 6) OF 20 JULY 1985
Keywords:
absence of final decision; complaint; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 1081
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The fact "that the measure under challenge affects several groups of staff and is therefore general in purport [...] does not in itself make the complaints irreceivable: decisions do not need to be individual to be challengeable before the Tribunal. As Article VII(2) of the Tribunal's Statute makes plain, a general decision too is challengeable. That article sets the time limit for filing a complaint against 'a decision affecting a class of officials', in other words a general decision. Yet that does not mean that a complaint challenging any sort of general decision will necessarily be receivable: there is also the rule in VII(1) that the internal means of redress must have been exhausted."
Reference(s)
ILOAT reference: ARTICLE VII(1) AND (2) OF THE STATUTE
Keywords:
competence of tribunal; condition; date; general decision; iloat statute; individual decision; internal remedies exhausted; receivability of the complaint; time limit;
Judgment 1066
70th Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
On 15 March 1990 the complainant's counsel wrote to the Director-General asking him to grant her the benefit of termination on abolition of post. In its reply of 29 March CERN indicated that the matter was being examined. The complainant filed her complaint on 21 May 1990 under Article VII(3) of the Tribunal's Statute. As no rejection of her claim be inferred in the circumstances of the case, the complaint is premature.
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
absence of final decision; implied decision; internal remedies exhausted; receivability of the complaint;
Judgment 1063
70th Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant impugns his performance report. Because he failed to follow the internal appeals procedure his complaint is irreceivable.
Keywords:
complaint; internal remedies exhausted; performance report; receivability of the complaint;
Judgment 1011
68th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Article VII of the Tribunal's Statute says that a complaint shall not be receivable unless the decision impugned is a final one and such remedies as are available under the applicable Staff Regulations have been exhausted. To satisfy that requirement, which is mandatory, the staff member must duly lodge an internal appeal with the competent body within the time limit in the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
formal requirements; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff member's duties; staff regulations and rules; time limit;
Judgment 1002
68th Session, 1990
African Training and Research Centre in Administration for Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complaint is irreceivable because [the complainant] has failed to exhaust the means of redress available to him under the Staff Regulations and is not challenging a final decision."
Keywords:
absence of final decision; internal remedies exhausted; receivability of the complaint;
Judgment 995
68th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article VII(1) of the Tribunal's Statute a complaint shall not be receivable unless the impugned decision is final, the complainant having exhausted the means of redress available to him under the staff regulations. That constitutes a requirement to follow any internal procedure laid down in the Staff Regulations: the staff member must not only respect the time limits for appeal but also comply with any stipulations as to procedure in the Regulations or Implementing Rules."
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
enforcement; internal appeal; internal remedies exhausted; procedure before the tribunal; receivability of the complaint; staff regulations and rules; time limit;
Judgment 993
68th Session, 1990
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has never appealed against the decision to terminate him. Because he failed to exhaust the internal means of redress as required by Article VII(1) of the Statute, his complaint is irreceivable.
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Keywords:
internal remedies exhausted; receivability of the complaint;
Judgment 970
66th Session, 1989
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant [...] contends that each alleged short-payment of salary constitutes in itself a separate breach by the Union of its obligations towards him. But since he has not sought review by the Secretary-General of any of the alleged short-payments, his complaint is again irreceivable".
Keywords:
complaint; continuing breach; decision; internal remedies exhausted; payment; receivability of the complaint; salary;
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