Judgment No. 1277
THE COMPLAINT IS DISMISSED.
"According to the case law - see, for example, Judgment 435 [...] - the rule that the complainant must have exhausted the internal remedies means, first, that his complaint must rest on the same essential facts as his internal appeal and, secondly, that his claims must not be wider than those he put forward in that appeal."
Jugement(s) TAOIT: 435
complaint; identical claims; identical facts; receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted; case law; iloat statute
"Acknowledging that a staff member has a right to leave work by way of protest against an administrative decision he does not care for would indeed mean letting him take the law into his own hands and do justice unto himself. The right of 'legitimate defence' and self-help that the complainant is claiming is alien to due process and, if tolerated, would wreak havoc in any administration."
due process; unauthorised absence; staff member's duties; organisation's interest