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 4101
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.
Consideration 3
Extract:
The Tribunal has consistently held that a complainant must not only have exhausted all internal remedies within his organization but also have duly complied with the rules governing the internal appeal procedure. Thus, if the internal appeal was irreceivable under those rules, the complaint filed with the Tribunal will also be irreceivable under Article VII, paragraph 1, of the Statute of the Tribunal (see Judgment 1244, consideration 1).
Reference(s)
ILOAT Judgment(s): 1244
Keywords:
failure to exhaust internal remedies; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time bar;
Consideration 3
Extract:
As the Tribunal has observed on various occasions, time limits are an objective matter of fact and strict adherence to them is necessary for the efficacy of the whole system of administrative and judicial review of decisions. To allow otherwise would impair the necessary stability of the parties’ legal relations (see Judgments 3704, considerations 2 and 3, and 3923, consideration 4).
Reference(s)
ILOAT Judgment(s): 3704, 3923
Keywords:
internal remedies exhausted; late appeal; time bar;
Judgment 4034
126th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant claims that she was subjected to harassment.
Consideration 4
Extract:
The Tribunal has already ruled that under Staff Regulation 11.1, Staff Rule 111.1 and the Statutes of the Appeals Board, a former staff member cannot use the internal means of redress to challenge a decision taken after she or he has left the Organization (see Judgment 3505, under 4).
Reference(s)
ILOAT Judgment(s): 3505
Keywords:
former official; internal remedies exhausted;
Judgment 4020
126th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the denial of his second request to benefit from the temporary early termination of service scheme and the implied decision to reject his claim for compensation.
Consideration 4
Extract:
In accordance with Article VII, paragraph 1, of the Statute of the Tribunal, “[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”.
[I]t is well settled that this rule, that internal means of redress must first be exhausted, does not apply to a claim for moral damages, which constitute a natural form of relief which the Tribunal has the power to grant in all circumstances (see, for example, Judgments 3080, under 25, 2779, under 7, and 2609, under 10). The claim for compensation under this head is therefore receivable.
The same applies to the claim for costs related to the proceedings before the Tribunal (see Judgment 3945, under 5).
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 2609, 2779, 2779, 3080, 3945
Keywords:
internal remedies exhausted; moral injury;
Judgment 4003
126th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.
Consideration 13
Extract:
With regard to the ICC’s objections to receivability, the Tribunal finds that the claim regarding retaliation is receivable. The complainant had raised the question in her request for review and in her internal appeal, and it was considered by the Appeals Board in its report. Thus, the complainant has exhausted all internal means of redress.
Keywords:
internal remedies exhausted;
Judgment 3981
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Administrative Council’s decision to forward to the President of the Office his request for review of two decisions of the Council concerning the new career system.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3980
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that his request for review of a decision of the Administrative Council has been implicitly rejected.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3979
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Administrative Council’s decision to forward to the President of the Office his request for review of two decisions of the Council concerning the new career system.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3977
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the President’s rejection of his request for review of an Administrative Council’s decision.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3976
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the President’s rejection of his request for review of an Administrative Council’s decision.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; summary procedure;
Judgment 3957
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges an implied rejection of his request for review of a decision of the Administrative Council by the President of the Office.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; implied decision; internal remedies exhausted; summary procedure;
Judgment 3956
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that there has been an implied decision to reject his request for review.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; implied decision; internal remedies exhausted; summary procedure;
Judgment 3955
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns an implied rejection of his request for review of a decision of the Administrative Council by the President of the Office.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; implied decision; internal remedies exhausted; summary procedure;
Judgment 3954
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision of the Administrative Council to forward his request for review of Administrative Council decisions to the President of the Office.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
Judgment 3947
125th Session, 2018
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to terminate his fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted;
Consideration 4
Extract:
Regarding Article VII, paragraph 1,[of the Tribunal's Statute] consistent principle has it that a complainant must comply with the time limits and the procedures, as set out in the organisation’s internal rules and regulations. The following was stated, for example, in Judgment 1653, consideration 6: “According to Article VII, paragraph 1, of the Tribunal’s Statute, a complaint ‘shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations’. So where the staff regulations lay down a procedure for internal appeal it must be duly followed: there must be compliance not only with the set time limits but also with any rules of procedure in the regulations or implementing rules.”
In the same vein, it was stated in Judgment 1469, consideration 16, that to satisfy the requirement in Article VII, paragraph 1, that internal means of redress must be exhausted, the complainant must not only follow the prescribed internal procedure for appeal, but she or he must follow it properly and in particular observe any time limit that may be set for the purpose of that procedure.
It has also been stated that a staff member of an international organisation cannot of her or his own initiative evade the requirement that internal remedies must be exhausted prior to lodging a complaint with the Tribunal. Accordingly, the following was relevantly stated in Judgment 3458, consideration 7: “It is firm case law that a staff member is not allowed on his or her own initiative to evade the requirement that internal means of redress must be exhausted before a complaint is filed before the Tribunal (see Judgments 3190, under 9, and 2811, under 10 and 11, and the case law cited therein).”
There are limited exceptions to the requirement in Article VII, paragraph 1. The following was relevantly stated in Judgment 3714, consideration 12:
“The Tribunal has established through its case law that exceptions to the requirement of Article VII, paragraph 1, of the Statute that internal remedies be exhausted will be made only in very limited circumstances, namely where staff regulations provide that the decision in question is not such as to be subject to the internal appeal procedure; where for specific reasons connected with the personal status of the complainant she or he does not have access to the internal appeal body; where there is an inordinate and inexcusable delay in the internal appeal procedure; or, lastly, where the parties have mutually agreed to forgo this requirement that internal means of redress must have been exhausted (see, in particular, Judgments 2912, consideration 6, 3397, consideration 1, and 3505, consideration 1). Moreover, the complainant bears the burden of proving that the above conditions are satisfied [...].”
Reference(s)
ILOAT Judgment(s): 1469, 1653, 3458, 3714
Keywords:
exception; internal remedies exhausted; receivability of the complaint; time limit;
Judgment 3945
125th Session, 2018
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her 2013 performance evaluation.
Consideration 5
Extract:
[T]he Tribunal’s case law states that a complainant may make a claim for consequential relief which was not made in the internal proceedings. Under that case law, claims for moral damages can be treated as consequential relief and thus are not subject to the requirement to exhaust internal remedies (see Judgment 3871, consideration 18). Regarding the claim for costs, the Tribunal has accepted that only a claim for costs with respect to the proceedings before the Tribunal may be receivable (see Judgment 3421, under 2(a)).
Reference(s)
ILOAT Judgment(s): 3421, 3871
Keywords:
costs; exception; internal remedies exhausted; moral injury;
Judgment 3926
125th Session, 2018
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was recruited on 15 May 2000 as a student air traffic controller, challenges the application of provisions adopted after his recruitment.
Consideration 3
Extract:
Article VII, paragraph 1, of the Statute of the Tribunal provides that a complaint is not receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable staff regulations. In accordance with the Tribunal’s case law, to satisfy this requirement the complainant must not only follow the prescribed internal procedure for appeal but must follow it properly and in particular observe any time limit that may be set for the purpose of that procedure (see, in particular, Judgments 3296, under 10, and 3870, under 1).
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3296, 3870
Keywords:
internal remedies exhausted; time limit;
Judgment keywords
Keywords:
complaint dismissed; confirmatory decision; internal remedies exhausted; time bar;
Judgment 3924
125th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the modification of the rate of the expatriate premium paid to him.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; receivability of the complaint;
Judgment 3923
125th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision of the Chair of the Appeal Board to dismiss as time-barred his internal appeal against the non-confirmation of his appointment and his separation while on sick leave.
Consideration 4
Extract:
In his decision, the Chair of the Appeal Board referred to the Tribunal’s consistent case law that time limits are an objective matter of fact, which guarantee legal certainty for the parties and the Tribunal. The Chair of the Appeal Board referred to Judgment 2266, considerations 2 and 3, and Judgment 2901, consideration 11. This case law is fully reproduced in a recent restatement made in Judgment 3651, considerations 5 and 6:
“5. In Judgment 3311, considerations 5 and 6, the Tribunal reiterated that the time limits for internal appeal procedures serve the important purposes of ensuring that disputes are dealt with in a timely way and the rights of parties are known to be settled at a particular point of time. The Tribunal relevantly rationalized this approach in the following terms: time limits are an objective matter of fact and strict adherence to them is necessary, otherwise the efficacy of the whole system of administrative and judicial review of decisions potentially adversely affecting the staff of international organisations would be put at risk. Flexibility about time limits should not intrude into the Tribunal’s decision-making even if it might be thought to be equitable or fair in a particular case to allow some flexibility. To do otherwise would ‘impair the necessary stability of the parties’ legal relations’ (see Judgment 2722, consideration 3). However, there are some exceptions to this general approach, which have been expressed in the Tribunal’s case law.
Additionally, however, [the relevant provision] provides that the Appeals Committee may consider an appeal that has been filed out of time to be receivable if it finds that the failure to abide by the time-limit was for a reason that was outside of the complainant’s control and the length of the delay in filing was reasonable in the circumstances of the case. [...]"
Keywords:
internal remedies exhausted; late appeal;
Judgment 3903
125th Session, 2018
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the termination of his fixed-term appointment.
Consideration 6
Extract:
Pursuant to Article VII, paragraph 1, of the Tribunal’s Statute, a complaint is not receivable unless the complainant has exhausted the internal means of redress. This means that a complaint will not be receivable if the underlying internal appeal was irreceivable (see Judgment 3758, consideration 10).
Reference(s)
ILOAT Judgment(s): 3758
Keywords:
internal appeal; internal remedies exhausted;
Judgment 3894
124th Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that there has been an implied decision to reject his internal appeal and he bases his complaint on Article VII, paragraph 3, of the Tribunal’s Statute.
Judgment keywords
Keywords:
complaint dismissed; direct appeal to tribunal; internal remedies exhausted; summary procedure;
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