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 576
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
When the complainant received the personal report, he did not add his own comments. He by-passed the largely informal discussion stage by prematurely filing a notice of appeal. "He thereby interrupted the procedure for preparation of the final text, and only that text constitutes a decision. [He] did no more than challenge a preliminary act, and his present claim to have it set aside is irreceivable."
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal; rebuttal;
Judgment 575
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to Article VII[1] of the Statute of the Tribunal a complaint will not be receivable unless the means of redress provided by the Staff Regulations have been exhausted. To fulfil this condition it is not sufficient to address an appeal to the internal appeal bodies; the internal appeal must be submitted in time." In this case, the prescribed time limit was not respected. "Accordingly, the internal appeals procedure was not correctly followed, and the [...] complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; receivability of the complaint; time bar; time limit;
Judgment 567
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainants committed an error of judgment in thinking that the Tribunal would allow their complaints and that there was therefore no purpose in continuing with the internal proceedings. But that error was "not the same thing as lack of consent such as will render the withdrawal null and void. The basis in law of relations between organisation and staff must be stable. The complainants are liable for the course of action and the decisions they take. [...] They must be held responsible for their own actions and bear the consequences."
Keywords:
complainant; direct appeal to tribunal; internal remedies exhausted; lack of consent; negligence; receivability of the complaint;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(A)
Extract:
According to the Staff Regulations, decisions taken by the Director-General himself are not subject to the complaint procedure. "The performance report referred to in [the complainant's claim] was approved by the Director-General and so he accepted responsibility for it. The complainant was therefore entitled to take the view that he need not address a complaint to the Director-General before submitting [his claim] to the Tribunal. [...] Article VII(1) of the Statute constitutes no bar to a complainant who [...] rightly concluded that he was not required to follow one of the internal appeal procedures."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
decision; direct appeal to tribunal; exception; executive head; internal appeal; internal remedies exhausted; performance report; receivability of the complaint;
Judgment 550
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"By [exhausting such other means of resisting a final decision as are open] is meant making use of all the possibilities of legal redress available to the official within the organisation, whatever the competent authority may be."
Keywords:
definition; internal remedies exhausted;
Consideration 3
Extract:
"On 7 May 1981 the chief of personnel gave a final decision on the claims[*] submitted by that date, but not on any which might be submitted later. The complainant did later make further claims but did not seek a final decision on them."
[*] concerning reimbursement of medical expenses
Keywords:
date; health insurance; internal remedies exhausted; medical expenses; receivability of the complaint; request by a party;
Judgment 544
50th Session, 1983
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
An article of the Staff Rules "provides that there shall be no internal appeal against any decision not to renew a contract. There may therefore be a direct appeal to the Tribunal against such a decision, without any breach of the Statute, and whether the internal means of redress were exhausted is not a material issue in this case."
Keywords:
contract; direct appeal to tribunal; exception; fixed-term; internal remedies exhausted; non-renewal of contract; receivability of the complaint;
Judgment 533
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
To infer a decision to dismiss where no final decision has been taken within the sixty days would greatly broaden the scope of Article VII, paragraph 3, particularly when the internal appeals body has no set time limits. "In such case Article VII[3], which is presumably to be treated as covering the exception, would in fact become the rule. Moreover, to broaden the scope of paragraph 3 would unduly restrict that of paragraph 1, which requires the complainant to exhaust the internal means of redress."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
Keywords:
absence of final decision; exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;
Consideration 5
Extract:
"Before coming to the Tribunal again the complainant should await the Appeals Committee's report and the President's final decision. But he need not wait indefinitely. He may appeal directly to the Tribunal if one of two conditions is fulfilled: if the appeals body fails to report and there are grounds for believing that it will not do so within a reasonable lapse of time; or else if the President fails to take a final decision within sixty days of receiving the Appeals Body's report."
Keywords:
absence of final decision; direct appeal to tribunal; exception; failure to answer claim; internal remedies exhausted; reasonable time;
Considerations 4-5
Extract:
The complainant had filed an internal appeal. He could have appealed against an implied decision to dismiss his claim, since the only communication which he had received was wholly informative and without legal effect. He then asked for confirmation of the rejection. The President's reply did constitute an express decision, the appeal was passed on to an advisory body. At that point, the complaint becomes irreceivable. There is no longer an implied decision to challenge, and the internal means of redress have not been exhausted.
Keywords:
absence of final decision; express decision; implied decision; internal appeal; internal remedies exhausted;
Judgment 532
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 533, consideration 5.
Reference(s)
ILOAT Judgment(s): 533
Keywords:
absence of final decision; direct appeal to tribunal; exception; failure to answer claim; internal remedies exhausted; reasonable time;
Consideration 3
Extract:
Vide Judgment 533, consideration 3.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
ILOAT Judgment(s): 533
Keywords:
exception; failure to answer claim; iloat statute; implied decision; internal remedies exhausted; provision; time limit;
Considerations 4-5
Extract:
Vide Judgment 533, considerations 4 and 5.
Reference(s)
ILOAT Judgment(s): 533
Keywords:
absence of final decision; express decision; failure to answer claim; implied decision; internal appeal; internal remedies exhausted;
Judgment 502
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant suffers from illnesses which, he alleges, are due to his duties in the organization. Before appealing to the Tribunal, he should have exhausted the internal remedies and appealed to the Advisory Committee; that step was left out and the complaint is therefore not receivable. The complainant is still entitled to put his claims forward at the administrative level. For that purpose the parties need only designate the members of the Medical Board provided for in the Rules.
Keywords:
absence of final decision; case sent back to organisation; illness; internal remedies exhausted; medical board; receivability of the complaint; service-incurred;
Judgment 500
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It does not appear that [the complainant] did appeal to the Director-General [as required under the applicable provisions]. His counsel may have written letters to the Director-General but the evidence does not show that they filed any claim in the proper sense of an appeal seeking the quashing or amendment of a decision. No internal appeal having been made and the internal means of redress not being exhausted, the claims are irreceivable."
Keywords:
absence of final decision; formal requirements; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 499
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Article VII[1] does not lay down an absolute rule. A complainant may abandon the internal proceedings even before a decision is taken and may appeal directly to the Tribunal when the appeals body fails to report and there is no reason to suppose from the evidence that it is likely to do so within a reasonable period. But it must be quite clear from the evidence that there is no decision, and only in quite exceptional cases will the Tribunal find that the condition is met."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
exception; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Considerations
Extract:
"The time limit for filing a complaint is ninety days, either after the notification of the express decision or from the expiry of the sixty-day time limit allowed for the taking of a decision by the organisation."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
Keywords:
case sent back to organisation; failure to answer claim; further submissions on the merits; internal remedies exhausted; receivability of the complaint; time limit;
Considerations
Extract:
In May the complainant made known his intention to appeal against the transfer. The Director-General replied that he was willing to refer the matter to the Joint Committee. In August the administration said the Director-General, who was absent, had received a recommendation to that effect. In September it told the complainant that the matter would be put to the Committee. "These shifting attitudes, which in the end came to nothing and spanned four months, constitute exceptional circumstances and warranted a direct complaint to the Tribunal."
Keywords:
administrative delay; direct appeal to tribunal; exception; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainants appealed to the internal board and then, without awaiting the outcome of the proceedings, to the Tribunal. By applying directly to the Tribunal "the complainants [...] obviously had no intention of abandoning their appeal; their wish was to expedite the hearing. As a matter of procedure they made a mistake in asking for the case to be withdrawn, but the situation was unprecedented and it was one to which the inactivity of the organization had contributed. A procedural error should not in this instance be held against the complainants."
Keywords:
administrative delay; direct appeal to tribunal; flaw; internal remedies exhausted; procedural flaw; receivability of the complaint;
Judgment 489
48th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The time limit does not run from the date of the two communications from the organization which said that the complainants request was still under review, and they therefore did not constitute final rejection of his claim. "An appeal against either of those replies was therefore premature, the [organization] not having taken, by [the date when the internal appeal was filed], any final decision expressly rejecting the complainant's request." The Director-General was correct in deciding that the complainant's internal appeal was irreceivable. The complaint is dismissed.
Keywords:
absence of final decision; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 473
47th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The officials in question, who have applied to intervene, have rights which may be affected by the judgment to be given [...] even though they have not filed a claim with the organisation. Their applications are receivable.
Keywords:
cause of action; internal remedies exhausted; intervention; receivability of the complaint;
Judgment 466
47th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Although there was no internal appeal, there has been no breach of Article VII[1] of the Statute of the Tribunal, which the organisation itself believes to be inapplicable to this case." The organisation pointed out that the usual internal remedies were not applicable inasmuch as there was a special procedure involving a reports board which had expressed its opinion on the case. The filing of an internal appeal would probably not have affected the outcome of the complainant's situation.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
exception; internal appeal; internal remedies exhausted; performance report; procedure before the tribunal;
Judgment 456
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The ninety-day time limit set in Article VII, paragraph 2, of the Statute of the Tribunal will run from the date of expiry of the sixty-day time limit set in paragraph 3. The text of Article VII, paragraph 3, expressly provides for the addition of the two time limits and thus renders irreceivable any complaint filed after the expiry of the 150 days.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 2 AND 3, OF THE STATUTE
Keywords:
iloat statute; internal appeal; internal remedies exhausted; start of time limit; time limit;
Judgment 452
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Only claims made to the internal appeals body and, when appropriate, implicit claims, satisfy the obligation to exhaust the internal means of resisting a decision. Claims first made directly to the Tribunal are not receivable.
Keywords:
complaint; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 451
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
When an appeals body cannot examine a case "in the second instance" because no decision had been taken by the lower body, there is no obligation on an appellant to explore ways of putting pressure on the latter to discharge its duty. The complaint is receivable.
Keywords:
consequence; failure to answer claim; internal remedies exhausted; receivability of the complaint;
Consideration 8
Extract:
"The rule that a complaint shall be receivable only if the internal means of redress have been exhausted is not a hard and fast one even though the Statute does not allow any derogation from it. If a complainant does all in her power to procure a decision and if nevertheless the internal appeals body either by its statements or by its conduct evinces an intention not to give a decision within a reasonable period, justice requires that an exception should be made. [...] When the delay is inordinate and inexcusable, such an intention can be inferred."
Keywords:
administrative delay; failure to answer claim; implied decision; internal appeal; internal remedies exhausted; reasonable time; receivability of the complaint; time limit;
Judgment 435
45th Session, 1980
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"This rule means, first, that the complaint to the Tribunal must rely on the same essential facts, i.e. issues, as those relied on in the internal appeal proceedings and, secondly, that the complainant's claims must not exceed in scope the claims he submitted in those proceedings. There is nothing, however, to prevent him from making submissions which he did not make in the internal proceedings. Since the Tribunal will apply the law proprio motu, there is no reason to forbid the complainant to draw to its attention considerations which it may take into account of its own accord."
Keywords:
application of law ex officio; complaint; internal appeal; internal remedies exhausted; new claim; new plea; receivability of the complaint;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The requirement that the internal means of redress should have been exhausted means that a complaint will be irreceivable if its scope is wider than that of the claims which were submitted to the internal appeal bodies. There is no need, however, for the pleas submitted to the Tribunal to have been put to those bodies. A complainant does not, merely by developing the case he put to the internal bodies, alter the scope of review by the Tribunal, which will apply the law proprio motu. The scope of review will alter only if the complainant submits new claims to the Tribunal."
Keywords:
complaint; internal remedies exhausted; new claim; new plea; receivability of the complaint;
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