Judgment No. 2780
Decision
The complaint is dismissed.
Consideration 5
Extract:
"With regard to the application of Article VII, paragraph 3, of the Statute of the Tribunal, the Tribunal's case law indicates that this provision must be interpreted in the light of Article VII, paragraph 1, which stipulates that a complaint shall not be receivable unless the internal means of redress provided by the applicable Staff Regulations have been exhausted. Hence, where an organisation takes any decision "upon any claim of an official" - in the meaning of Article VII, paragraph 3 - within the sixty-day period thus stipulated, and particularly where it forwards the request to the competent advisory appeal body before the expiry of that period, this step forestalls an implied rejection which could be referred to the Tribunal."
Reference(s)
ILOAT reference: Article VII, paragraphs 1 and 3, of the Statute
Keywords
complaint; decision; implied decision; receivability of the complaint; internal appeals body; internal remedies exhausted; time limit; case law; iloat statute; staff regulations and rules
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