Judgment No. 587
THE COMPLAINT IS DISMISSED.
"The organization was [...] quite free to revoke the decision cancelling the complainant's right to benefit as a fund participant. Since he is thereby reinstated in the rolls there is no substance to his claim for the quashing of the decision to remove him, nor to his related claims [...] These are matters on which the Tribunal need not rule."
withdrawal of decision; cause of action; no cause of action; settlement out of court
"The general rule is that an administration which has taken a decision may later revoke it provided that it has vested no right. In this instance the organization was therefore quite free to revoke the decision cancelling the complainant's right to benefit as a Fund participant."
withdrawal of decision; acquired right; limits
"It is quite plain that the proper procedure was not followed. The Director-General's failure to reply within a month of receiving the protest implied rejection of it, but instead of appealing to the Board the complainant, directly and without the Director-General's agreement, appealed to the Tribunal. [...] This obvious disregard of his obligation to exhaust the internal means of redress provided in the Statutes [...] makes the complaint irreceivable by virtue of Article VII of the Tribunal's Statute."
ILOAT reference: ARTICLE VII OF THE STATUTE
complaint; receivability of the complaint; direct appeal to tribunal; internal remedies exhausted