Judgment No. 41
THE COMPLAINT IS DISMISSED.
"It is established by the documents in the dossier that [the complainant] submitted her requests concerning reinstatement or the grant of compensation neither to the Director-General nor to the [appeals body], so that when she applied to the Tribunal she had not exhausted all the means of resisting the decision that were open to her under the [Staff] Regulations; the [...] submissions are therefore not receivable."
complaint; new claim; receivability of the complaint; internal remedies exhausted
The Director-General rejected a request submitted by the complainant in March. Although in April he approved the new provisions "that would be in conformity with the claims of the complainant, [those provisions have] no retroactive effect. Therefore it cannot be applicable to the case of the complainant, on whose entitlement rulings were given in the impugned decisions of [December and March]."
non-retroactivity; staff regulations and rules; amendment to the rules; enforcement; provision
A provision of the Staff Regulations lays down the principle of entitlement to sick or maternity leave and empowers the Director-General to issue rules governing the grant of such leave. On [date] "the Director-General had not yet made use of the power that had been granted to him, so that it was for the Director-General, on receipt of a request for maternity leave from [the complainant], to determine the manner in which the application would be granted."
staff regulations and rules; amendment to the rules; enforcement; provision; maternity leave; sick leave; discretion; condition