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Judgment No. 2467

Decision

The complaints are dismissed.

Consideration 13

Extract:

"The complainants [...] claim compensation for the injury resulting from the delay with which their internal appeals were considered. [...] On this point, the Tribunal must recall that international organisations are fully responsible for the way their internal appeal bodies operate. In the cases in hand, however, it is worth noting that the long delay between the filing of the appeals and the reply given to them is to a large extent due to the fact that the complainants themselves waited until June 2003, and in some cases until August or October 2003, to file a rejoinder to the replies sent on behalf of the Director-General between June and August 2001. Even though their rejoinders were not mandatory from a legal point of view, these long delays show that the complainants did not pursue their appeals as diligently as precedent would require (see Judgment 1970 on this point). The Tribunal takes the view, therefore, that given the circumstances, the duration of the internal appeal procedure was not such as to amount to wrongdoing on the part of the Organization warranting redress."

Reference(s)

ILOAT Judgment(s): 1970

Keywords

procedure; claim; injury; liability; complainant; organisation; internal appeals body; internal appeal; time limit; delay; rejoinder; reply; case law; organisation's duties; breach; misconduct; staff member's duties; executive head; compensation; consequence; date; right



 
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