Judgment No. 296
Decision
THE COMPLAINT IS DISMISSED.
Considerations 1-2
Extract:
The complainant, an official of the ILO, requests that the UNDP pay him compensation for the loss of and damage to his personal effects. "The complainant was an official of the defendant organisation and his effects were being moved because he was being transferred from one country to another. It is manifest that in a complaint against an organisation the Tribunal cannot make an order requiring payment by some other body." Although the complainant might allege that the UNDP were acting as agents of the organisation to make it responsible, the Tribunal will not decide the question of receivability on this ground.
Keywords
injury; organisation; receivability of the complaint; competence of tribunal; personal effects; compensation; other
Considerations 4-5
Extract:
The complainant, after supplying details of his loss and damage, received an indemnity. The amount being small, he requested "if it was possible to re-examine the case. No reply was made to this letter and [...] the complainant [then] filed his complaint with the Tribunal. He did not lodge a complaint with the Director-General and he does not state any decision by the Director-General from which he is appealing. [...] The complaint is therefore time-barred and as such irreceivable."
Keywords
complaint; absence of final decision; receivability of the complaint; internal remedies exhausted
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