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Judgment No. 305

Decision

THE COMPLAINTS ARE DISMISSED.


Consideration 1

Extract:

"according to article vii of the statute of the tribunal a complaint shall not be receivable unless the internal means of redress have been exhausted and the complaint was filed within ninety days after the notification of the impugned decision. hence only a final decision may prompt a complaint and the period of ninety days runs from the date of notification."

Reference(s)

ILOAT reference: ARTICLE VII PARAGRAPH 1 ILOAT STATUTE

Keywords

complaint; decision; receivability; internal appeal; internal remedies exhausted; time limit; date of notification; start of time limit


Consideration 1

Extract:

"since no appeal lay to the appeals committee, the internal authority which took the decision was the last instance."

Keywords

complaint; decision; receivability; internal appeal; internal remedies exhausted; decision-maker


Consideration 2

Extract:

"...a judgment by the tribunal on a dispute between an organisation and a staff member affects only the parties to that dispute: it cannot alter a decision affecting third parties which is already in force. the stability of legal relationships would be impaired if staff members were entitled to rely upon new case law to cast doubt on the validity of earlier and final decisions."

Keywords

res judicata; judgment; effect


Consideration 1

Extract:

"...that further decision was a refusal to reconsider [the earlier decision] and is therefore a mere confirmation: it cannot give rise to a new ninety-day period when the first was allowed to lapse.

Keywords

complaint; confirmatory decision; receivability; new time limit; time bar


Consideration 1

Extract:

"it is immaterial that in its report ... the appeals committee declared itself competent and so apparently overlooked [the provision which excludes appeals against the decision in question]. it is for the tribunal to see whether article vii of its own statute is applicable: that means that in particular it must determine, with reference to the [organisation's] rules, the date on which the internal body of last instance took its decision and from which the ninety-day period therefore began to run."

Reference(s)

ILOAT reference: ARTICLE VII ILOAT STATUTE

Keywords

decision; receivability; internal appeals body; mistaken hearing of merits; competence of tribunal; start of time limit; judicial review; date


Consideration 2

Extract:

"...a judgment by the tribunal ... affects only the parties to that dispute ... the stability of legal relationships would be impaired if staff members were entitled to rely upon new case law to cast doubt on the validity of earlier and final decisions." the complainants in the present case "failed to impugn [the material decision] in time ... and they must bear the consequences of that failure."

Keywords

judgment; effect



 
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