Judgment No. 3296

• Organization: World Health Organization (WHO)
• Date: 05.02.2014
• Original: French
• Judges: Rouiller, Ba, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant alleges that he has been harassed and that he was appointed only in 2006 to a post whose functions he had been fulfilling since 2001.

Judgment keywords

Keywords

confirmatory decision; new time limit; complaint dismissed

Consideration 10

Extract:

Article VII, paragraph 1, of the Statute of the Tribunal specifies that: “A complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations.”
In accordance with the Tribunal’s case law, to satisfy this requirement the complainant must not only follow the prescribed internal procedure for appeal, but must follow it properly and in particular observe any time limit that may be set for the purpose of that procedure (see, for example, Judgment 1469).

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 1469

Keywords

receivability of the complaint; internal remedies exhausted