Judgment No. 3889
The complaint is dismissed.
The complainant impugns what she considers to be an implied rejection of her internal complaint challenging the “negative consequences” of an amendment to a Rule of Application concerning the terms and conditions governing leave.
direct appeal to tribunal; summary procedure; complaint dismissed
It must be recalled that the rules governing the receivability of complaints filed with the Tribunal are established exclusively by its own Statute. In particular, the possibility of filing a complaint against an implied rejection is governed solely by the provisions of Article VII, paragraph 3, of the Statute, which states that an official may file such a complaint “[w]here the Administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it”. However, firm precedent has it that when an organisation forwards a claim before the expiry of the prescribed period of sixty days to the competent advisory appeal body, this step in itself constitutes “a decision upon [the] claim” within the meaning of these provisions, which forestalls an implied rejection which could be referred to the Tribunal (see, on these points, Judgments 532, 762, 786, 2681 or 3034).
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 532, 762, 786, 2681, 3034
direct appeal to tribunal