Judgment No. 660
THE COMPLAINT IS DISMISSED.
The Staff Regulations provide for two internal means of redress: a 'request' that the Director General take a decision and a 'complaint' against an act adversely affecting the staff member. As the Tribunal held in Judgment No. 398, any application challenging a decision must be treated as a 'complaint'.
ILOAT Judgment(s): 398
receivability of the complaint; formal requirements; internal appeal; staff regulations and rules
"In the absence of a provision which says that any decision should mention the procedure for challenging it, the organisation was not bound to indicate in its decision [...] on the internal 'complaint' the possibility of challenging it before the Tribunal. Such information would, however, have been desirable since the distinction between a 'request' and a 'complaint' under [Staff Regulations] is not obvious. in giving such information the organisation would indeed have been following the practice in other organisations."
procedure before the tribunal; decision; internal appeal; right of appeal; duty to inform; no provision
The material decision would have had the effect of setting a new time limit for filing a complaint only if it had altered the previous decision or at least provided further justification for it. Since it amounted to mere confirmation, it does not affect the irreceivability of the complaint as held by the Tribunal.
decision; confirmatory decision; receivability of the complaint; time limit; new time limit; time bar
"The organisation rejected her 'complaint' and thereby confirmed the decision" which the complainant was challenging.