Judgment No. 4174
The complaint is dismissed.
The complainant challenges the decision to place her on leave without pay upon exhaustion of her sick leave entitlements.
receivability of the complaint; direct appeal to tribunal; complaint dismissed
The complainant’s reliance on Article VII, paragraph 3, is misplaced. As the Tribunal recalled in Judgment 3975, consideration 5, it is clearly established in the case law that where the Administration takes any action to deal with a claim, this step in itself constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of the Statute, which forestalls an implied rejection that could be referred to the Tribunal. In the present case, the complainant’s 10 April 2016 protest against the decision of 11 February 2016 was examined and rejected. Accordingly her complaint cannot be considered receivable under Article VII, paragraph 3, of the Statute. Moreover, although the Director-General’s final decision on that appeal was not taken until 26 March 2018, there is nothing in the complainant’s submissions that would lead the Tribunal to conclude that the delay in taking that decision, which UNESCO acknowledges, had the effect of paralysing the exercise of her right of appeal (see Judgment 2367, consideration 11).
ILOAT reference: Article VII, paragraph 3, of the Statute
Jugement(s) TAOIT: 2367, 3975
receivability of the complaint; direct appeal to tribunal; internal remedies exhausted