Judgment No. 955
THE COMPLAINT IS DISMISSED.
"Article VII of the Tribunal's Statute provides that a complaint will not be receivable unless the official has exhausted the internal means of redress. to satisfy that requirement it is not enough for the official to submit an internal appeal: he must submit it in time."
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
receivability of the complaint; internal appeal; internal remedies exhausted; time limit; time bar
The complainant's "argument that he was late in discovering that the decision had been unlawful is irrelevant: a time limit is a matter of objective fact and starts when the decision is notified. if that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of time limits. An exception might be allowed only if the organisation had acted in bad faith and misled the official."
decision; receivability of the complaint; internal appeal; time limit; exception; start of time limit; time bar; good faith; flaw; consequence