Judgment No. 603
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
"Article VII(1) says that a complaint shall not be receivable unless the means of redress provided under the Staff Regulations have been exhausted. It is not enough just to make an internal appeal; it must be submitted in time. And there the complainant failed [...] to abide by the [...] time-limit. Since she did not follow the internal procedure correctly her complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords
receivability of the complaint; internal appeal; internal remedies exhausted; time bar
Consideration 3
Extract:
The complainant's "later discovery that the administration's decision might have been unlawful does not affect the time limit, which is an objective matter of fact and starts on the date on which the impugned decision was notified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of setting a time limit. The only exception is where the organisation has misled the complainant and is therefore in breach of good faith."
Keywords
decision; internal appeal; time limit; date of notification; exception; start of time limit; time bar; good faith; flaw; consequence
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