Judgment No. 364
1. THE COMPLAINT, INSOFAR AS IT IS BASED ON THE DIRECTOR-GENERAL'S REFUSAL TO RECONSIDER THE CASE IN THE LIGHT OF THE MATTERS REFERRED TO IN PARAGRAPH 4, IS REJECTED AS OUTSIDE THE TRIBUNAL'S JURISDICTION
2. THE COMPLAINT, INSOFAR AS IT IS BASED ON THE ALLEGED BREACH OF AN ALLEGED OBLIGATION UPON THE ORGANIZATION TO GIVE CORRECT INFORMATION TO THE COMPLAINANT IN MATTERS RELATING TO HIS RIGHTS IN THE FUND, IS RECEIVABLE.
3. THE DECISION OF THE DIRECTOR-GENERAL OF 26 JULY 1977 IS QUASHED.
"It is of course open to argument whether there is any duty upon the organization to give correct information in matters relating to a staff member's rights in the fund, and if so, whether the information given is correct or not. [...] But this is an issue [...] on which the Director-General has never [decided]. [...] It was one which called for a new decision." Insofar as it concerns this information, the complaint is receivable.
duty to inform; pension; unjspf; participation; right
"Time runs from the latest effective decision. If it has run out from that decision, it does not begin to run again from a later decision which does no more than affirm the earlier one."
decision; confirmatory decision; time limit; date of notification; new time limit; start of time limit
Under Article VII, paragraph 1, of the Statute of the Tribunal, "a complaint shall not be receivable unless the person concerned has exhausted such other means of resisting it as are open to him in the applicable staff regulations. This means that where, as here, the Staff Regulations provide for an appeal committee, the person concerned must bring his complaint before that body within the time limits allowed by the regulation. Thus the question for the tribunal is whether the Appeals Board was right in rejecting the complaint on the ground that it was not brought before it in due time."
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
receivability of the complaint; internal appeal; internal remedies exhausted; time limit; time bar; judicial review