Judgment No. 3683
1. The decision of 17 September 2012 is set aside.
2. The case is remitted to WHO for the Regional Board of Appeal to examine the appeal of 17 February 2010.
3. WHO shall pay the complainant 500 euros in costs.
4. All other claims are dismissed.
The complainant challenges the decision not to extend his temporary appointment beyond its expiry date.
complaint allowed; internal appeal; decision quashed; non-renewal of contract
[T]he complainant disputed the grounds for the decision [...] not to extend his temporary appointment beyond its expiry date. In so doing, he must be considered to have initiated an internal appeal. However, no action was ever taken on his appeal.
Under Staff Rule 1230.8.1, an action becomes final only when the staff member has received written notification thereof. Given that the [...] appeal was filed, the final action for the purposes of this provision would be the decision to dismiss the appeal, but in this case written notification was not received because [...] no such decision was ever taken. Accordingly, the time limit for an appeal to the RBA never began to run and the RBA was wrong to consider that the appeal filed with it on 17 February 2010 was irrecevable.
The decision of 17 September 2012 must hence be set aside and the case remitted to WHO for the appeal of 17 February 2010 to be examined on the merits by the RBA.
case sent back to organisation