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New plea (92,-666)
You searched for:
Keywords: New plea
Total judgments found: 38
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Judgment 3160
114th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.
Consideration 14
Extract:
"There are a number of decisions of this Tribunal in which an organisation has not been permitted to maintain an argument concerning the receivability of a complaint that was not raised in the internal appeal preceding the complaint to the Tribunal (see, for example, Judgment 2255, considerations 12 to 14). The principle that the failure to raise the issue of receivability in an internal appeal precludes the argument being raised before the Tribunal exists to further the interests of justice."
Reference(s)
ILOAT Judgment(s): 2255
Keywords:
estoppel; internal appeal; new plea; receivability of the complaint; reply;
Judgment 2891
108th Session, 2010
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Following her reassignment, which in Judgment 2659 the Tribunal considered as a hidden disciplinary sanction, the complainant applied for her previous post. Her application was however not considered on the grounds that under Administrative Instruction No. 16 only applications from staff members who had serve in one position for a minimum of one year would be receivable. The complainant challenged the decision not to consider her application, arguing that it constituted discriminatory treatment. The Tribunal found in her favour and awarded her the compensation she had claimed.
"While this case stems from the previous complaint, the two cases are separate and distinct, being based on different facts and different administrative decisions. Each unlawful decision must have its own remedy. Therefore, the Organization's assertion that the damages already paid to the complainant must be taken into account in the calculation of damages in the present case is incorrect."
Reference(s)
ILOAT Judgment(s): 2659
Keywords:
complaint; damages; difference; new claim; new plea;
Judgment 2837
107th Session, 2009
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[A]rguments raised before internal appeals bodies can be developed in a complaint before the Tribunal, but the complaint cannot include new claims (see, in particular, Judgments 429, under 1, 452, under 1, and 1380, under 12)."
Reference(s)
ILOAT Judgment(s): 429, 452, 1380
Keywords:
new claim; new plea; receivability of the complaint;
Judgment 2645
103rd Session, 2007
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
[T]he complainant, in her appeal to the Director-General, the rejection of which prompted her to submit the matter to the Appeals Committee, merely requested that the disciplinary measure of suspension be revoked and that she be reinstated in the Organization. In her appeal she asked the Committee to rule that the penalties imposed on her were unlawful. It would therefore appear that during the internal proceedings she filed no specific claim for damages for an injury due to the sexual harassment she claimed to have suffered, although she dwelt at length on her allegations of sexual harassment and attributes the reprisals by her supervisor to her having reported them.
The Tribunal therefore considers that any claim for damages for the injury that the complainant allegedly suffered as a result of sexual harassment constitutes an extension of the scope of the claims filed during the internal appeal proceedings and is therefore irreceivable pursuant to Article VII(1) of the Tribunal’s Statute inasmuch as the complainant has not exhausted the internal means of redress (see, inter alia, Judgement 1380, under 12).
Reference(s)
ILOAT Judgment(s): 1380
Keywords:
moral injury; new plea; sexual harassment;
Judgment 2417
98th Session, 2005
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The Appeals Committee accepted that the whole of the complainant's appeal was receivable. The essence of his grievance was contained in his original appeal and his reply was simply an expansion on the relief requested but did not raise a new ground of appeal. That finding was correct and the Tribunal endorses it." (see Judgment 2416, under 11)
Reference(s)
ILOAT Judgment(s): 2416
Keywords:
claim; compensation; internal appeal; internal appeals body; new claim; new plea; receivability of the complaint; report;
Judgment 2255
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
"The organization did not contest the receivability of the appeals to the appeals board and does not now contest that the complaints were timely filed in accordance with the Tribunal's Statute. Notwithstanding these facts, however, UNESCO now argues that the internal appeals to the Appeals Board were irreceivable and that accordingly, the complaints to the Tribunal are also irreceivable. [...] In Judgment 522, the Tribunal was faced with the identical situation and held: "There can be no doubt that the appropriate, if not the only, time to take the point was before the Appeals Board, since it is the proceedings before the Board that are said to be out of time [...] and not the proceedings before the Tribunal itself. The Tribunal has therefore now to consider whether or not justice requires that the organization should be given a second opportunity to take the point. Three factors ought to be considered. The first is whether the point is a clear and compelling one. The second is whether there is an adequate explanation of the organization's failure to take it. The third is whether the complainant may be prejudiced by the organizations's failure.' " The Tribunal applies, in the present case, the criteria set out in Judgment 552.
Reference(s)
ILOAT Judgment(s): 522
Keywords:
case law; complaint; date; injury; internal appeal; new plea; organisation's duties; receivability of the complaint; time limit;
Judgment 1792
86th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Someone who intervenes in a complaint [...] may not put forward any pleas but the complainant's. The intervener must have the same claims as the complainant and seek the same redress on the strength of the same pleas." (See Judgments 365 and 366.)
Reference(s)
ILOAT Judgment(s): 365, 366
Keywords:
application for execution; claim; complaint; difference; intervention; judgment of the tribunal; new claim; new plea;
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 1420
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
See Judgment 1419, consideration 20.
Keywords:
complaint; new plea; organisation; receivability of the complaint; reply; surrejoinder;
Judgment 1419
78th Session, 1995
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"It is inadmissible for the Observatory in its surrejoinder - to which it knows the complainants do not have the opportunity of answering - to raise a new objection to receivability on the strength of facts it was aware of at the time of filing. The plea is the less acceptable for being at odds with the ESO's reply."
Keywords:
complaint; new plea; organisation; receivability of the complaint; reply; surrejoinder;
Judgment 1082
70th Session, 1991
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"It is in bad faith to enter a new objection [to receivability] in the surrejoinder when the complainant may not reply."
Keywords:
good faith; new plea; surrejoinder;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Though a complainant may not submit to the Tribunal any claim which he did not make in the internal proceedings a new plea is another matter."
Keywords:
complaint; internal appeal; new plea; receivability of the complaint;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Although a complainant may put forward a new plea at any point in proceedings before the Tribunal, he may not in his rejoinder enlarge the scope of his claims as stated in his original complaint."
Keywords:
new claim; new plea; receivability of the complaint; rejoinder;
Judgment 939
65th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 31
Extract:
The complainant "is free to submit to [the Tribunal] a new plea in support of [claims which remain constant]. What he may not do is address to the Tribunal claims he has not already put to the ILO."
Keywords:
complaint; condition; internal appeal; new plea; receivability of the complaint;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant did not plead breach of the Staff Rule in question during the internal appeal, but that does not prevent him from doing so for the first time before the Tribunal. His plea of breach of the rule "falls within the scope of his claims, which remain the same. The question therefore arises whether the plea is sound."
Keywords:
breach; new plea; provision; receivability of the complaint; staff regulations and rules;
Judgment 522
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For having failed to indicate before the Appeals Board that the internal appeal against a decision dating from 11 December 1980 was out of time [the organization had argued on the basis of a letter of 22 November 1978 which cannot, according to the Tribunal, be regarded as a decision], the organization cannot to any useful purpose put the argument before the Tribunal. The argument is neither clear nor binding. It is unclear why the organization did not take the point during the internal appeal. In failing to do so, it may have prejudiced the complainant's position.
Keywords:
internal appeal; new plea; organisation; receivability of the complaint; reply; time bar;
Consideration 18
Extract:
"While it is generally to be expected that an organisation will lay its whole case on the merits before the Appeals Board so as to enable that body to give the best an most complete advice to the Director-General, its omission to take a particular point will not as a general rule prevent the consideration of that point by the Tribunal. This is because it is the duty of the Tribunal to arrive insofar as it can at a just decision on all the merits."
Keywords:
new plea; organisation; receivability of the complaint; reply;
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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