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Judgment No. 408

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 2

Extract:

"Although the organization's attitude was open to reproach, the complainants were not on that account entitled to forgo a decision from the [Appeals] Board. The organization may have been remiss, but the Board was still able to hear the appeal. If it could not get a prompt response to its requests for [disclosure], its function was to decide on the evidence which it did have and, if it saw fit, to decide against the organization in the matters under dispute. In short, there were no valid grounds for divesting it of an appeal which it was in no way prevented from hearing."

Keywords

internal appeals body; direct appeal to tribunal; internal remedies exhausted

Consideration 4

Extract:

"The decision in this case turns at least as much on appraisal of oral statements as on that of written evidence, and the Tribunal would be hard put to pass judgment without knowing the [Appeals] Board's views. The appeal to the Board is therefore no empty formality."

Keywords

internal appeals body; internal appeal; internal remedies exhausted; recommendation; tribunal; purpose

Consideration 1

Extract:

A complainant may appeal directly to the Tribunal "provided the appeals body cannot or will not give a decision within a reasonable period. That it cannot or will not do so must, however, be quite clear from the circumstances. Only by way of exception will the Tribunal allow that the condition is met."

Keywords

failure to answer claim; receivability of the complaint; internal appeals body; direct appeal to tribunal; exception; reasonable time

Consideration 3

Extract:

"Doubtless [the internal appeals body] showed the organization too much forbearance. [...] Yet the evidence casts no doubt on its willingness to hear the appeal before it. [...] While the complainants were lodging their complaints with the Tribunal the [Appeals] Board was on the point of giving a decision. In the circumstances there are no grounds for allowing any derogation from the rule that the internal means of redress shall have been exhausted."

Keywords

late decision; internal appeals body; administrative delay; internal appeal; internal remedies exhausted; exception

Consideration 1

Extract:

"According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint shall be receivable only if the internal means of redress provided in the Staff Regulations have been exhausted. That rule requires the complainant not just to appeal to an internal body but to await the decision on his appeal before filing a complaint."

Reference(s)

ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

Keywords

receivability of the complaint; internal remedies exhausted; iloat statute; condition



 
Last updated: 21.04.2020 ^ top