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Judgment No. 1263

Decision

THE COMPLAINT IS DISMISSED.

Considerations 2 and 3

Extract:

The organization contends that one of [the complainant's] claims is irreceivable for failure to exhaust the internal means of redress. It observes that neither did he make a written protest on that score or an appeal to the Appeals Board. The claim was not even mentioned in the cause of the original proceedings which led to an earlier judgment of the Tribunal on a case also brought by the complainant. He does not deny that he made no internal appeal but merely asserts that it was discriminatory and unlawful not to grant him satisfaction. "So his complaint is indisputably irreceivable under this head."

Keywords

claim; receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted; judgment of the tribunal

Consideration 4

Extract:

"The res judicata rule will apply where the parties, the purpose of the suit and the cause of action are the same as in the earlier case."

Keywords

res judicata; same cause of action; same parties; same purpose; definition

Consideration 4

Extract:

"Identity of purpose means that what the complainant is seeking is what he would have obtained had his earlier suit succeeded. And it is not the actual working of the decision that matters but the complainant's intent."

Keywords

complaint; claim; receivability of the complaint; res judicata; same purpose; criteria

Consideration 6

Extract:

"His claim to material damages for failure to distribute [a circular] is made for the first time in this complaint and did not form the subject of prior appeal to the Director-General. It is irreceivable because he has failed to exhaust the internal means of redress."

Keywords

claim; new claim; receivability of the complaint; internal remedies exhausted; iloat statute



 
Dernière mise à jour: 17.11.2017 ^ haut