Judgment No. 1433
1. THE TRIBUNAL NEED NOT RULE ON THE COMPLAINANT'S CLAIM AS TO THE PLACE OF HOME LEAVE.
2. THE EUROPEAN PATENT ORGANISATION SHALL PAY HIM 500 GERMAN MARKS IN COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.
"Article VII (1) of the Tribunal's Statute requires that for a complaint to be receivable the complainant must have 'exhausted such other means of resisting a final decision as are open to him under the applicable staff regulations'. The Tribunal recognises that reasonable time must be allowed for completing the internal appeal procedure. Yet in this case [fifteen months had passed between the date of the complainant's internal appeal and the organization's response to the appeal] objections to receivability ill become the defendant".
complaint; absence of final decision; receivability of the complaint; administrative delay; internal appeal; internal remedies exhausted; reasonable time; reply; case law; organisation's duties; iloat statute; date
"The complainant was kept waiting over sixteen months [...] for an answer to his request [...] and fifteen months for the [organisation] to file its reply [...] to his appeal [...] and so let the internal appeal procedure go ahead. The Tribunal holds that since he took all the steps he could take to obtain a final decision and since the [organisation] failed to discharge promptly its obligations under the internal procedure he was justified in coming to the Tribunal. That is in keeping with what the Tribunal ruled in, for example, Judgment 1243 [...]."
ILOAT Judgment(s): 1243
complaint; absence of final decision; receivability of the complaint; administrative delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; reasonable time; reply; case law; organisation's duties; date
"As to his further claims in his rejoinder, the Tribunal observes that [...] the complainant neither challenged [a given claim] in his internal appeal [...] nor set out the claims in the form introducing the present complaint. He has made the claims in internal appeals which are still pending, and the claims are therefore at present irreceivable under Article VII(1) of the Tribunal's Statute because he has failed to exhaust the internal means of redress."
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
complaint; claim; new claim; absence of final decision; receivability of the complaint; internal remedies exhausted; rejoinder; iloat statute