Judgment No. 2841
Decision
1. UNIDO shall pay the complainant 1,500 euros in damages for the delay in the internal appeal process.
2. It shall also pay him 800 euros in costs.
3. All other claims are dismissed.
Considerations 7 and 9
Extract:
"The Tribunal is of the opinion that the complaint is irreceivable."
"However, the Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner. According to well established case law, '[s]ince compliance with internal appeal procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). In the present case, the internal appeal process lasted for approximately 18 months which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability. The Tribunal therefore awards the complainant 1,500 euros in damages."
Reference(s)
Jugement(s) TAOIT: 2197
Keywords
moral injury; administrative delay; internal appeal; time limit; delay; organisation's duties; material damages
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