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 3302
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complaints were dismissed for non-exhaustion of internal remedies under Article 7 of the Tribunal’s Rules.
Judgment keywords
Reference(s)
ILOAT reference: Article VII, paragraphs 1 and 3, of the Statute
ILOAT Judgment(s): 2780, 2811, 2939
Keywords:
complaint dismissed; decision; delay; duty of care; iloat statute; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; staff member's duties;
Judgment 3301
116th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant through five irreceivable complaints requested information concerning facts that occurred before his retirement for disability.
Judgment keywords
Reference(s)
ILOAT reference: Article 7, paragraph 2, of the Rules
Organization rules reference: Articles 107, par. 2, and 109, par. 3, of the Service Regulations
Keywords:
complaint dismissed; decision; express decision; implied decision; internal appeal; internal remedies exhausted;
Judgment 3296
116th Session, 2014
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he has been harassed and that he was appointed only in 2006 to a post whose functions he had been fulfilling since 2001.
Consideration 10
Extract:
Article VII, paragraph 1, of the Statute of the Tribunal specifies that: “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.”
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, for example, Judgment 1469).
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 1469
Keywords:
internal remedies exhausted; receivability of the complaint;
Judgment 3241
115th Session, 2013
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her performance reviews for 2008 and 2009.
Consideration 5
Extract:
"[A]n assessment report can constitute a decision adversely affecting the person concerned and may be impugned in proceedings before the Tribunal after internal means of redress have been exhausted. This is buttressed by the statement of principle in Judgment 466, under 3, that such matters may be so challenged since every official has an interest in the proper establishment of reports on her or his performance, on which her or his career will depend. However, such a decision must be challenged in a timely manner and in accordance with the relevant staff rules and regulations. If not so challenged, the decision becomes final and cannot be reopened (see Judgment 3059, under 7)."
Reference(s)
ILOAT Judgment(s): 466, 3059
Keywords:
cause of action; internal remedies exhausted; performance evaluation; performance report; time limit;
Judgment 3222
115th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to disclose some documents related to the procedure concerning his claim for compensation for a service-incurred illness.
Consideration 11
Extract:
"While the Tribunal’s case law recognises a need to apply Article VII(1) of its Statute with some flexibility (see, for example, Judgments 2360 and 2457), there are no decisions which support the view that a claim about a discrete subject can be introduced at a late stage in an internal appeal about an entirely different subject and the fact that it has been satisfies the requirement that internal appeals have been exhausted before a complaint about the different subject matter can be litigated in the Tribunal."
Reference(s)
ILOAT reference: Article VII of the Statute
ILOAT Judgment(s): 2360, 2457
Keywords:
internal remedies exhausted; new claim; receivability of the complaint;
Judgment 3209
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant accuses the ITU of having failed in its duty to ensure transparency in a selection process.
Considerations 13 and 14
Extract:
The complainant applied for a post but was not selected. She asks the Tribunal to require disclosure of the file of the selection process.
"[The Organisation] argues that the complainant’s request for the communication of the file is a claim made for the first time in her complaint and must therefore be dismissed as irreceivable. However, as the complainant rightly observes, this is not a new claim which would be subject to the rule on the exhaustion of internal remedies. In this instance, it is merely a request made on the basis of Article 11 of the Rules of the Tribunal, for the Tribunal to use its powers of investigation, which it can in fact do on its own motion.
The defendant also stated that if the Tribunal considered that the information supplied in support of its arguments was insufficient, it would transmit the file of the selection process for the exclusive attention of the Tribunal. [...] The Tribunal recalls that, according to the adversarial principle, all documents submitted to it by a party to the proceedings must be communicated to the other party. It will be for the organisation itself, if it considers this necessary in order to protect the interests of third parties, to conceal identities to the required extent in the documents produced."
Reference(s)
ILOAT reference: Article 11 of the Rules
Keywords:
adversarial proceedings; application of law ex officio; competition; disclosure of evidence; interlocutory order; internal remedies exhausted; new claim; receivability of the complaint;
Judgment 3190
114th Session, 2013
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who challenges the non-renewal of her fixed-term contract, failed to exhaust the internal means of redress.
Consideration 9
Extract:
"[The complainant's] assertion that she did not file an appeal before the Centre’s ad hoc Appellate Body because it could not be considered to be independent and impartial must be rejected. 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 Judgment 2811, under 10 and 11, and the case law cited therein). The complaint is therefore irreceivable."
Keywords:
direct appeal to tribunal; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint;
Judgment 3141
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
However, such anomalies cannot prevent a decision from being challenged, because international organisations would otherwise be able to avoid any appeal against a decision by not adopting it in writing, or by not notifying it in the prescribed manner, which would have harmful effects. Furthermore, the case law of the Tribunal has it that an administrative decision may take any form and that, even if it is not put in writing, its existence may be inferred from a factual context demonstrating that it was indeed taken by an officer of the organisation (see, in particular, Judgments 2573, under 8, or 2629, under 6). It is well established that any act by an officer of an organisation which has a legal effect constitutes a challengeable decision (see, for example, Judgments 532, under 3, and 1674, under 6(a), or the aforementioned Judgment 2573, under 10).
Reference(s)
ILOAT Judgment(s): 532, 1674, 2573, 2573
Keywords:
administrative decision; internal remedies exhausted;
Judgment 3119
113th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Where the staff regulations of an international organisation do not enable former staff members to avail themselves of the internal means of redress, the organisation cannot legally decide to terminate an appointment without giving the person concerned sufficient time to lodge an internal appeal, otherwise he would be deprived of his right to such an appeal."
Keywords:
condition; internal appeal; internal remedies exhausted; organisation's duties; reasonable time; right of appeal; staff regulations and rules; status of complainant; termination of employment;
Judgment 3080
112th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
"[T]he rule laid down in Article VII, paragraph 1, of the Statute of the Tribunal that internal means of redress must first be exhausted does not apply to a claim for compensation for moral injury, which constitutes a claim for consequential relief which the Tribunal has the power to grant in all circumstances (see Judgment 2609, under 10, or Judgment 2779, under 7)."
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 2609, 2779
Keywords:
iloat statute; internal remedies exhausted; moral injury; receivability of the complaint; request by a party;
Judgment 3053
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Where the only body competent to hear an appeal declines jurisdiction, a decision to that effect is a final decision that may properly be the subject of a complaint to the Tribunal."
Keywords:
final decision; internal appeal; internal appeals body; internal remedies exhausted;
Judgment 3034
111th Session, 2011
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
[A]ttention must be drawn to the fact that the rules concerning the receivability of complaints before the Tribunal are established exclusively by its own Statute. In particular, the possibility of lodging a complaint against an implied rejection is governed solely by the provisions of Article VII, paragraph 3, of the Statute, which states that an official may file a complaint “[w]here the Administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it”. When an organisation forwards a claim before the expiry of the prescribed period of sixty days to the competent advisory appeal body, this step itself constitutes “a decision upon [the] claim” within the meaning of these provisions, which forestalls an implied rejection which could be referred to the Tribunal (see, on these points, Judgments 532, 762, 786 or 2681). As it is not disputed that, in the instant case, the Agency had forwarded the complainants’ internal complaints to the Joint Committee for Disputes within this prescribed period of time, the persons concerned were wrong in believing that they could challenge the implied rejection of these complaints.
Reference(s)
ILOAT Judgment(s): 532, 762, 786, 2681
Keywords:
direct appeal to tribunal; iloat statute; internal remedies exhausted; receivability of the complaint;
Judgment 3002
111th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 13 to 15
Extract:
"As the Tribunal has repeatedly stated, it should not entertain a complaint filed out of time [...]. In particular, the fact that a complainant may have discovered a new fact showing that the impugned decision is unlawful only after the expiry of the time limit for submitting an appeal is not in principle a reason to deem his or her complaint receivable (see, for example, Judgments 602, under 3, 1466, under 5 and 6, or 2821, under 8).
It is true that, notwithstanding these rules, the Tribunal's case law allows an employee concerned by an administrative decision which has become final to ask the Administration for review either when some new and unforeseeable fact of decisive importance has occurred since the decision was taken, or else when the employee is relying on facts or evidence of decisive importance of which he/she was not and could not have been aware before the decision was taken (see Judgments 676, under 1, 2203, under 7, or 2722, under 4). However, the fact that, after the expiry of the time limit for appealing against a decision, the Tribunal has rendered a judgment on the lawfulness of a similar decision in another case, does not come within the scope of these exceptions.
In particular, in the instant case, the complainant's argument that the delivery of Judgment 2359 constitutes a new and unforeseeable fact of decisive importance, within the meaning of the above-cited case law, is to no avail. In Judgment 676 the Tribunal did accept that the delivery of one of its judgments could be described in these terms and could therefore have the effect of reopening the time limit within which a complainant could lodge an appeal. But the circumstances of the case were very special in that the Tribunal, in previous judgments which it cited in that case, had formulated a rule which had greatly altered the position of certain staff members of an organisation and which, although already applied by the organisation, had until then not been published or communicated to the staff members concerned. No exceptional circumstances of this nature exist in the instant case [...]."
Reference(s)
ILOAT Judgment(s): 602, 676, 1466, 2203, 2359, 2722, 2821
Keywords:
internal remedies exhausted; judgment of the tribunal; late appeal; new time limit; receivability of the complaint; suspension of the execution of a judgment; time bar; time limit;
Judgment 2996
110th Session, 2011
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"While procedural rules and time limits usually apply to the officials of international organisations without it being necessary to recapitulate them when a decision is notified, this is not the case where a rule expressly establishes an obligation to provide this information when notifying a decision [...] and where this formality has not been respected. [...] [T]he principle of good faith requires that an official's complaint will not be deemed irreceivable owing to his or her failure to lodge an internal appeal, if the organisation itself has not abided by the requisite formalities enabling the official to submit an appeal."
Keywords:
duty to be informed; duty to know the rules; good faith; ignorance of the rules; internal remedies exhausted; patere legem; receivability of the complaint; written rule;
Judgment 2991
110th Session, 2011
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[A]n assessment report can constitute a decision adversely affecting the person concerned and, as such, it may be contested by means of an internal complaint lodged within the time limits established by an organisation's rules and regulations. It may even be impugned in proceedings before the Tribunal after internal means of redress have been exhausted."
Keywords:
cause of action; internal appeal; internal remedies exhausted; performance report;
Judgment 2956
110th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Secretary of the Board of Appeal informed the complainant that the statement of intention to appeal he had sent to the Board was irreceivable but "this official plainly had no authority to take a decision in place of the Board itself".
Keywords:
abuse of power; internal appeal; internal appeals body; internal remedies exhausted; misuse of authority;
Judgment 2939
109th Session, 2010
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Article VII, paragraph 1, of the Statute of the Tribunal provides that a complaint is not receivable unless the internal means of redress have been exhausted. Although the Statute does not expressly allow for any exception to this requirement, the Tribunal's case law is clear that 'where the pursuit of the internal remedies is unreasonably delayed the requirement of Article VII, paragraph 1, will have been met if, though doing everything that can be expected to get the matter concluded, the complainant can show that the internal appeal proceedings are unlikely to end within a reasonable time' [...]."
Reference(s)
ILOAT reference: Article II, paragraph 1, of the Statute
ILOAT Judgment(s): 1829, 2039
Keywords:
direct appeal to tribunal; iloat statute; internal remedies exhausted; reasonable time; receivability of the complaint;
Consideration 11
Extract:
"[T]he complainants ought to have established that their internal appeal had, in fact, been unduly delayed. Instead of so doing, however, the complainants unilaterally ascertained what in their view would constitute unreasonable delay at the time they filed their appeal. [T]hey did not communicate with the Internal Appeals Committee for the purpose of having the appeal expedited and neither did they make any enquiries to ascertain when the Office's first response would be filed."
Keywords:
delay; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 2912
109th Session, 2010
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"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'. The only exceptions allowed under the Tribunal's case law to this requirement that internal means of redress must have been exhausted are cases where staff regulations provide that decisions taken by the executive head of an organisation are not subject to the internal appeal procedure, where there is an inordinate and inexcusable delay in the internal appeal procedure, where for specific reasons connected with the personal status of the complainant he or she does not have access to the internal appeal body or, lastly, where the parties have mutually agreed to forgo this requirement that internal means of redress must have been exhausted (see, for example, Judgments 1491, 2232, 2443, 2511 and the case law cited therein, and 2582)."
Reference(s)
ILOAT Judgment(s): 1491, 2232, 2443, 2511, 2582
Keywords:
absence of final decision; delay; direct appeal to tribunal; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint;
Judgment 2907
108th Session, 2010
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"[A]ccording to the Tribunal's case law as established in Judgments 752, under 4, and 2821, under 9, for example, exceptions may be made to the applicable time limits when an organisation, by misleading the complainant or concealing some paper from him or her, has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith."
Reference(s)
ILOAT Judgment(s): 752, 2821
Keywords:
good faith; internal appeal; internal remedies exhausted; late appeal; receivability of the complaint; time limit;
Judgment 2904
108th Session, 2010
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14 and 15
Extract:
The complainant claims compensation for the overall delay involved in this matter.
"As for the internal appeal process, the Tribunal recalls that the Organization has a duty to maintain a fully functional internal appeals body. Thus, the Committee's statement that 'the alleged delays could not be ascribed to it as they were due to the need for arranging election of new members to the Appeals Committee and the time requirements for this' does not relieve the Organization from responsibility for the delay in the process. According to well-established case law, '[s]ince compliance with internal appeals 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' (see Judgment 2197, under 33). The first appeal lasted for approximately 16 months, even though it hinged on the simple question of receivability. The entire process to date has stretched over eight years. In the circumstances, the complainant is entitled to be compensated in the amount of 4,000 euros for this delay."
Reference(s)
ILOAT Judgment(s): 2197
Keywords:
administrative delay; delay; internal appeal; internal appeals body; internal remedies exhausted; moral injury; organisation's duties; reasonable time;
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