Judgment No. 3870
1. The Director-General’s decision of 8 May 2014 is set aside.
2. The case is remitted to the Organization for action as indicated under 6.
3. WHO shall pay the complainant 5,000 Swiss francs in compensation for moral injury.
4. It shall also pay him costs in the amount of 1,000 Swiss francs.
5. All other claims are dismissed.
The complainant alleges that he was promised promotion to grade D-2.
In accordance with Article VII, paragraph 1, of the Statute of the Tribunal, a complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations. The Tribunal’s case law has made it clear that, to satisfy this requirement, the complainant must not only follow the prescribed internal procedure for appeal, but must follow it properly and in particular observe any time limit that may be set for the purpose of that procedure (see, for example, Judgment 3296, under 10).
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3296
internal remedies exhausted
According to the case law of the Tribunal, for a decision, taken after an initial decision has been made, to be considered as a new decision (setting off new time limits for the submission of an internal appeal) and not a purely confirmatory decision, the following conditions are to be met: the new decision must alter the previous decision and not be identical in substance, or at least must provide further justification, and it must relate to different issues from the previous one or be based on new grounds (see Judgments 660, 2011, under 18, and 3735, under 4).
ILOAT Judgment(s): 660, 2011, 3735
The complainant contends that the internal appeal proceedings leading to the impugned decision were abnormally long. The Tribunal can only share this view, since no decision was taken until 8 May 2014 on the internal appeal of 26 November 2010, in other words until almost three and a half years had elapsed. The length of these proceedings was therefore excessive.