Judgment No. 3894
The complaint is dismissed.
The complainant considers that there has been an implied decision to reject his internal appeal and he bases his complaint on Article VII, paragraph 3, of the Tribunal’s Statute.
direct appeal to tribunal; internal remedies exhausted; summary procedure; complaint dismissed
The Tribunal’s case law makes it clear that where the Administration takes any action to deal with a claim, by forwarding it to the competent authority for example, this step in itself constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of the Statute, which forestalls an implied rejection that could be referred to the Tribunal (see, for example, Judgments 3428, consideration 18, and 3146, consideration 12). Given that the complainant’s appeal has been referred to the Appeals Committee, he cannot rely on Article VII, paragraph 3, of the Statute in order to file a complaint with the Tribunal on the assumption that his appeal has been implicitly rejected.
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 3146, 3428
direct appeal to tribunal