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Judgment No. 181

Decision

1. The decision of the Director-General of 19 October 1970 is quashed.
2. The case is referred back to the Director-General for a decision on the merits after reference to the Appeals Board.

Consideration 5

Extract:

"...the director-general was at fault in ruling that the complainant's appeal to the appeals board was time-barred... the decision impugned must accordingly be quashed." the case is referred back to the organization for a decision on the merits.

Keywords

receivability of the complaint; internal appeal; tribunal; time bar; decision quashed; case sent back to organisation; further submissions on the merits; reply confined to receivability; refusal

Consideration 4

Extract:

if the time limit had expired, "the director-general could indeed have refused to consider the complainant's protest. however, the ruling given ... on his instructions makes no reference to the expiry of the time limit. failure to observe a time limit laid down by the [applicable provision] is not [a flaw] which can be pleaded at a later stage in the procedure."

Keywords

internal appeal; mistaken hearing of merits; time limit; time bar; flaw; procedural flaw

Consideration 3

Extract:

the date on which the appeal is despatched is the important one. "...in laying down that staff members must submit their appeal in writing to the [competent body] within 15 or 30 days, [the applicable provision] implies that the important one is that on which the appeal is despatched."

Keywords

receivability of the complaint; internal appeal; time limit; interpretation; date



 
Last updated: 29.04.2009 ^ top