Judgment No. 3685

• Organization: World Health Organization (WHO)
• Date: 06.07.2016
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to abolish her post and terminate her appointment.

Judgment keywords

Keywords

abolition of post; complaint dismissed

Consideration 6

Extract:

[T]he Tribunal has accepted that, in certain circumstances, the requirement in Article VII, paragraph 1, to exhaust internal means of redress can be taken to have been met if the internal appeal proceedings are unlikely to end within a reasonable time (see, for example, Judgment 2939, considerations 9 to 12). This very limited exception to the requirement imposed by the Article is to be determined by reference to the circumstances as they exist at the time the complaint is filed.

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 2939

Keywords

direct appeal to tribunal

Consideration 8

Extract:

[I]t is not sufficient that there has been a failure to proceed with all proper speed and diligence in relation to the internal appeal. It is only if the proceedings have been so protracted that the delay is inordinate, unexplained and inexcusable that a complainant can proceed directly to the Tribunal (see Judgment 1486, consideration 11). [...] Moreover what is relevant is not only the delay between the time the internal appeal was commenced and the filing of a complaint with the Tribunal but also the further delay which was reasonably anticipated (see Judgment 1486, consideration 12).

Reference(s)

ILOAT Judgment(s): 1486

Keywords

direct appeal to tribunal