Judgment No. 1541
Decision
The complaint is dismissed.
Consideration 3
Extract:
"According to precedent complaints are to be joined only if they raise the same issues of fact and of law. The [complainant's] ninth and tenth complaints do rest on the same facts [...] and impugn the same decision, albeit each challenges a different part of it. But the issues of law are different [...] so the conditions for joinder are not met."
Keywords
complaint; joinder; identical facts; complainant; case law; condition; refusal
Consideration 6
Extract:
"Refusal to answer an appeal is not obstruction: the litigant may still appeal to the Tribunal against the implied rejection. [...] Moreover, the President of the Office pleads the need to keep down the amount of internal litigation so as not to overload the administration with pointless work and expenditure. He has thereby assessed the Organisation's interests and made an exercise of discretion with which the Tribunal may not interfere in the circumstances of this case."
Keywords
procedure before the tribunal; complaint; implied decision; failure to answer claim; direct appeal to tribunal; internal appeal; internal remedies exhausted; right of appeal; organisation's duties; iloat statute; judicial review; discretion; executive head; organisation's interest
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