Judgment No. 3672

• Organization: Universal Postal Union (UPU)
• Date: 06.07.2016
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed, as is the UPU’s counterclaim.

Summary

The complainant challenges the decision not to confirm his appointment at the end of his extended trial period.

Judgment keywords

Keywords

probationary period; complaint dismissed

Consideration 5

Extract:

Article VII presupposes that the complainant has gone through the internal appeal procedure and has not received a final decision within a reasonable time despite doing everything that can be expected to get the matter concluded, or that the complainant can show that the internal appeal proceedings are unlikely to end within a reasonable time.

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute

Keywords

direct appeal to tribunal

Consideration 6

Extract:

The UPU has made a counterclaim for costs. Without ruling out, as a matter of principle, the possibility of making such an order against a complainant (see, for example, Judgments 1884, 1962, 2211 and 3043), the Tribunal will avail itself of that possibility only in exceptional situations. Indeed, it is essential that the Tribunal should be open and accessible to international civil servants without the dissuasive and chilling effect of possible adverse awards of that kind. In the present case, the complaint cannot be regarded as manifestly vexatious, even though it was irreceivable because internal remedies had not been exhausted (see Judgment 3506, under 4).

Reference(s)

ILOAT Judgment(s): 1884, 1962, 2211, 3043, 3506

Keywords

costs; counterclaim