Judgment No. 3116
The complaint is dismissed.
The complainant submitted his complaint by sending a scanned complaint form to the Tribunal via an e-mail of 11 May 2010, with only sections 1, 2, 3 and 5 filled in. One of the essential sections, section 4, had been left blank. He submitted a completed version of the form on 18 May 2010.
"It should be recalled that Article 6(1)(a) of the Rules of the Tribunal sets out the requirements of form for filing a complaint: the complainant should fill in and sign the complaint form prescribed in the Schedule of those Rules. The complainant’s requests to the Tribunal that he be allowed to correct retroactively the incomplete initial complaint form, sent on 11 May 2010, and consequently that the completed revision of it, sent on 18 May, be accepted as having been filed on 11 May, are denied. Indeed, the entries in the initial complaint form did not suffice to identify the relief the complainant was claiming. Therefore, one of the essential requirements of form set out in Article 6(1) was not met and the complaint could not be registered as filed on 11 May 2010. Moreover, this case does not fall within the purview of the thirty-day time limit prescribed by Article 6(2) of the Rules for correction of complaints. [...] Consequently, the document filed on [11 May 2010] cannot be considered a complaint, as it did not contain the claims which are essential elements of a complaint. The complaint form, properly filled in, was filed on 18 May 2010, i.e. six days after the expiration of the ninety-day time limit. Therefore, the complaint must be considered irreceivable."
ILOAT reference: Article 6, paragraphs 1 and 2, of the Rules
receivability of the complaint; formal requirements; time limit; correction of complaint; time bar; complaint form; late filing