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Judgment No. 1305

Decision

THE COMPLAINT IS DISMISSED.

Consideration 16

Extract:

"The Registrar's manifold responsibilities, which go far beyond the ambit of Article 7(4) [*] of the Rules of Court, include the general task of maintaining relations between the Tribunal and the parties and the just as important task of ensuring proper compilation of records on cases lodged with the Tribunal. In performing those tasks the Registrar is empowered ex officio to take any action he deems fit to safeguard due process."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules

Reference(s)

ILOAT reference: ARTICLE 6(2) RULES OF COURT

Keywords

procedure before the tribunal; complaint; receivability of the complaint; formal requirements; tribunal; submissions; iloat statute; interpretation

Consideration 17

Extract:

In the light of article 7(4) [*] of the Rules on the procedure for correcting a complaint, the Tribunal holds that "since those who fall within the Tribunal's jurisdiction live far and wide and are free to plead their own case, it is the Registrar's particular duty to see that complaints filed with the Tribunal are correctly presented and to offer a complainant such comment or advice as he thinks proper for the correction of the papers."
*since 1 May 1994, Article 6(2) of the Tribunal's Rules

Reference(s)

ILOAT reference: ARTICLE 7(4) RULES OF COURT

Keywords

procedure before the tribunal; complaint; receivability of the complaint; formal requirements; tribunal; correction of complaint; submissions; iloat statute; interpretation

Considerations 18 and 19

Extract:

The complainant is unable to provide any proof of the date on which he says he filed his complaint with the Tribunal. "The Tribunal observes that its Rules of Court are liberal in that for the purpose of reckoning the time limit Article 6(3) [*] takes the date of dispatch and thereby relieves the complainant of liability for any faulty transmittal after dispatch. "That makes it the more important to establish the date of dispatch beyond doubt in each case. [...] The complainant has failed to adduce any evidence of the dispatch of his complaint. [...] Although the Tribunal does not question the sincerity of the complainant [...] it cannot treat [his] assertions as if they were objective evidence: if it did so it would be affording an opportunity for fraudulent evasion of time limits."
*superseded by Article 4(2) of the Tribunal's Rules as in force since 1 May 1994

Keywords

complaint; receivability of the complaint; formal requirements; time limit; time bar; evidence; lack of evidence; iloat statute; date



 
Last updated: 13.11.2017 ^ top