Judgment No. 1448
Decision
THE COMPLAINT IS DISMISSED.
Considerations 17-18
Extract:
"The Tribunal holds that the decision [against which the complainant submitted an internal appeal] was not a final one, the object [...] being only to initiate discussion: see Judgment 336 [...]. Although he had been identified as a staff member 'likely to be terminated', there was [...] no actual decision that he would be terminated at such and such a date or on stated terms". "He failed to submit an appeal [against the final decision] and thereby failed to exhaust the internal means of redress available to him. Accordingly, his complaint is irreceivable under Article VII(1) of the Tribunal's Statute."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Jugement(s) TAOIT: 336
Keywords
complaint; decision; absence of final decision; statement of intent; receivability of the complaint; internal appeal; internal remedies exhausted; case law; iloat statute
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