Judgment No. 3253
1. The impugned decision is set aside.
2. UNIDO shall pay the complainant 3,000 euros in damages.
3. The matter is remitted to the UNIDO Joint Appeals Board to hear and determine the complainant’s appeal of 9 July 2009.
4. UNIDO shall pay the complainant 500 euros in costs.
5. All other claims are dismissed.
The complainant impugns an unfavourable evaluation report. Her internal appeal having wrongly been rejected as irreceivable, the case is referred back to the internal appeal body.
"It is well settled that the burden of proof is on the sender to establish the date on which a communication was received. If that cannot be done (perhaps because the document was sent by a system of transmission that does not permit actual proof), the Tribunal will ordinarily accept what is said by the addressee about the date of receipt (see, generally, Judgments 447, consideration 2; 456, consideration 7; 723, consideration 4; 890, consideration 4; 930, consideration 8; 2473, consideration 4; and 2494, consideration 4)."
ILOAT Judgment(s): 447, 456, 723, 890, 930, 2473, 2494
internal appeal; time limit; date of notification; time bar; evidence; burden of proof; lack of evidence; late appeal
"[T]he Tribunal has repeatedly emphasised that internal appeals are an important safeguard of staff rights and social harmony (see, for example, Judgment 3184, consideration 15). Also, the internal appeal process is ordinarily an extremely significant element of the entire system of review of administrative decisions affecting the rights of staff employed by organisations which have submitted to the jurisdiction of the Tribunal (see, for example, Judgment 3222, consideration 9). Moreover, every official has an interest in the proper establishment of reports on his or her performance on which her or his career may depend (see, for example, Judgment 3241, consideration 5)."
ILOAT Judgment(s): 3184, 3222, 3241
internal appeals body; internal appeal; organisation's duties; performance report; safeguard
complaint allowed; decision quashed; case sent back to organisation; performance report