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Judgment No. 1684

Decision

1. The complaint being allowed in part, the Organisation shall take steps to let the complainant see the three reports.
2. It shall pay him 2,000 marks in moral damages and 2,000 in costs.
3. His other claims are dismissed.

Consideration 3

Extract:

"Article VII, paragraph 1, of the Tribunal's Statute says that for a complaint to be receivable the internal remedies must have been exhausted. But precedent has it that, if there is delay over the final decision, the requirement will be met provided that the complainant has done everything that might be expected of him to get one but the appeal proceedings are unlikely to end within a reasonable time. [...] The requirement was plainly met in this case. Having done all that he did, to no avail, the complainant could not reasonably be required to wait any longer, there being no grounds for expecting the Appeals Committee to report soon. The organisation's domestic difficulties in running its appeal procedure afforded no excuse for denying him due process."

Reference(s)

ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

Keywords

complaint allowed; complaint allowed in part; internal appeals body; administrative delay; internal appeal; internal remedies exhausted; exception; reasonable time; case sent back to organisation; case law; organisation's duties; condition

Consideration 6

Extract:

"The Tribunal's rules provide ordinarily for the filing of only two briefs by each party. There are no exceptional circumstances warranting a third one from the complainant, and since the arguments in it are immaterial the President of the Tribunal has disallowed it under Article 9(6)" of the Tribunal's Rules.

Reference(s)

ILOAT reference: ARTICLE 9, PARAGRAPH 6, OF THE RULES

Keywords

complaint allowed; complaint allowed in part; president of the tribunal; exception; case sent back to organisation; submissions; further material; closure of written proceedings; iloat statute; condition; refusal



 
Dernière mise à jour: 13.05.2020 ^ haut