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Judgment No. 4542

Decision

1. IFAD shall pay the complainant costs in the amount of 4,000 euros.
2. All other claims are dismissed.

Summary

The complainant challenges her performance evaluation during her probationary period.

Judgment keywords

Keywords

complaint allowed; probationary period; performance

Consideration 3

Extract:

[T]he Tribunal’s settled case law states that an appeal submitted to the wrong authority within the prescribed time limit is not irreceivable on that account, because it is for that authority, in such circumstances, to forward it to the authority which is competent, within the organisation, to hear it (see Judgments 1832, consideration 6, 2017, consideration 6, 2345, consideration 1(b), 2882, consideration 6, 3027, consideration 7, 3423, consideration 9(b), 3424, consideration 8(b), 3425, consideration 7, and 3595, consideration 10). In such a situation, it is therefore not sufficient for the incompetent authority merely to inform the complainant that it is not competent and to suggest that she or he apply to the competent authority (see Judgment 3595, consideration 10).

Reference(s)

ILOAT Judgment(s): 1832, 2017, 2345, 2882, 3027, 3423, 3424, 3425, 3595

Keywords

internal appeal; duty to forward appeal to competent body

Consideration 4

Extract:

[T]he complainant’s internal appeal was receivable. Contrary to what IFAD submits, the complaint before the Tribunal is therefore receivable under Article VII, paragraph 1, of the Statute of the Tribunal to the extent that it seeks the setting aside of the decision of 20 February 2017. In addition, the decision of 20 February 2017 is tainted by an error of law in that it rejected the complainant’s appeal as time-barred.

Keywords

receivability of the complaint; internal remedies exhausted; late appeal



 
Last updated: 21.12.2022 ^ top