Judgment No. 3599
The complaint is dismissed.
The complainant, a former staff member of the ICC, impugns the decision of the ICC Registrar to reject his complaint of harassment and discrimination.
"One [...] issue concerns the complainant’s rejoinder and, indirectly, the ICC’s surrejoinder. As noted [...], the complaint was filed on 13 October 2012 though it was subsequently corrected. The corrected complaint was filed on 24 May 2013. The ICC sought an extension of time in which to file its reply. This was granted and allowed the ICC to file its reply by 9 September 2013. It did so on that day. The complainant then had until 7 January 2014 to file his rejoinder. It was not filed until 13 January 2014 even though no extension of time had been granted. In the result, Article 9(2) of the Tribunal’s Rules had the legal effect of closing the pleadings on 7 January 2014. Accordingly, the Tribunal will not have regard to either the complainant’s rejoinder or the ICC’s surrejoinder save to the extent that the surrejoinder points to the fact that Article 9(2) had been engaged with the legal effect just discussed. The legal effect of this provision has been acted upon by the Tribunal on earlier occasions (see Judgments 211, consideration 1, 871, consideration 1, and 1141, considerations 20 and 21). In this matter the pleas are, in any event, sufficiently complete having regard to the complainant’s complaint form and legal brief together with the ICC’s reply."
ILOAT reference: Article 9 of the Rules
Jugement(s) TAOIT: 211, 871, 1141
time bar; rejoinder