Judgment No. 200

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 14.05.1973
• Original: Anglais
• Judges: Letourneur, Grisel, Devlin
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

The complainant made no appeal within the time limit against the decision to confirm his transfer. "That decision has thus become final." He did impugn another decision in time which had no connection with the first decision, but that will not extend the period within which an appeal may be lodged against the first decision.

Keywords

receivability of the complaint; internal remedies exhausted; time limit; new time limit; time bar

Considerations

Extract:

"It appears from the documents in the dossier that the decision was taken solely on the grounds of the complainant's unsatisfactory service and that it is not tainted with any of the irregularities which enable the Tribunal to interfere with such decisions [...]."

Keywords

increment withheld; unsatisfactory service; judicial review

Considerations

Extract:

"[I]t appears from the minutes of the Advisory Board's meeting that, contrary to what the complainant alleges, he was given a hearing by the Board, and that in any case he was able to submit full written and oral observations to the Appeals Board, whose recommendation the Director-General accepted."

Keywords

internal appeals body; advisory body; right to reply; increment withheld; unsatisfactory service; judicial review