Judgment No. 3646
The complaint is dismissed.
The complainant impugns the decision of the Director General not to allow him to proceed directly to the Tribunal in respect of his appeal against WIPO’s alleged failure to ensure that he was not subjected to intimidation, offensive behaviour or aggression.
direct appeal to tribunal
Situations can arise where the Tribunal entertains and adjudicates on a complaint where the complainant has not exhausted internal remedies but it is apparent that the internal appeal process has paralysed the exercise of the complainant’s rights (see, for example, Judgment 2039, consideration 4). However, mere dissatisfaction with the composition of the internal appeal body does not found a right to bring a complaint directly to the Tribunal (see Judgment 3190, consideration 9). Nothing advanced by the complainant establishes that he is entitled to bring his grievance directly to the Tribunal. It is true that his grievance, in the most general sense, has subsisted for many years and has already twice been considered by the Tribunal. But that fact does not absolve the complainant from satisfying the requirement in Article VII, paragraph 1, of the Tribunal’s Statute that the impugned decision is a final decision and that the complainant has exhausted the internal means of redress.
ILOAT reference: Article VII, paragraph 1, of the Statute
Jugement(s) TAOIT: 2039, 3190
receivability of the complaint; direct appeal to tribunal; internal remedies exhausted