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Judgment No. 3552

Decision

The complaint is dismissed.

Summary

As the complaint is clearly irreceivable, it is summarily dismissed.

Judgment keywords

Keywords

summary procedure; final decision

Consideration 2

Extract:

"The Tribunal has consistently held that the forwarding of a claim to the advisory appeal body constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of its Statute, which is sufficient to forestall an implied rejection (see, for example, Judgments 3456, under 4, and 2948, under 7). While it is clear from the case law that the requirement to exhaust the internal remedies cannot have the effect of paralysing the exercise of a complainant’s rights (see, Judgment 2039, under 4), a complainant will be exempted from that requirement only where she or he has done her or his utmost, to no avail, to accelerate the internal procedure and where the circumstances show that the appeal body was not able to reach a decision within a reasonable time (see, for example, Judgments 1674, under 6(b), and 1970). The content of the present complaint does not show any efforts of the complainant to obtain the necessary final decision. Consequently, his complaint is clearly irreceivable pursuant to Article VII, paragraph 1, of the Tribunal’s Statute and must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal."

Reference(s)

ILOAT Judgment(s): 1674, 1970, 2039, 2948, 3456

Keywords

direct appeal to tribunal



 
Last updated: 28.02.2017 ^ top