Judgment No. 333
Decision
1. The Director-General's decisions of 16 November 1976 and 27 January 1977 are quashed.
2. The case is referred back to the Director-General for a new decision, to be taken after due consultation of the Professional Grading Appeals Committee.
3. The complainant is awarded 3,000 Swiss francs as costs.
Consideration 4
Extract:
The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."
Keywords
procedure before the tribunal; internal appeals body; recommendation; organisation's duties; flaw; procedural flaw
Consideration 1
Extract:
The complainant appealed to the Director-General within the time limit for disputed claims. The Director-General dismissed her appeal by a letter which was not merely confirmatory. The complaint impugning that decision was filed within the time limit and is therefore receivable.
Keywords
complaint; confirmatory decision; receivability of the complaint; internal appeal; time limit; start of time limit
Considerations
Extract:
The complainant has applied for postponement of consideration of the case by the Tribunal. Her application is not based on any relevant grounds and is disallowed.
Keywords
complainant; judgment of the tribunal; remand; request by a party
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