Judgment No. 489
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
The time limit does not run from the date of the two communications from the organization which said that the complainants request was still under review, and they therefore did not constitute final rejection of his claim. "An appeal against either of those replies was therefore premature, the [organization] not having taken, by [the date when the internal appeal was filed], any final decision expressly rejecting the complainant's request." The Director-General was correct in deciding that the complainant's internal appeal was irreceivable. The complaint is dismissed.
Keywords
absence of final decision; receivability of the complaint; internal appeal; internal remedies exhausted
Summary
Extract:
Under the Rules a claim is deemed to have been rejected if no definitive reply has been made within three months. The request for reclassification was submitted on 29 November 1979; three months later, on 1 March 1980, having received no reply, the complainant's request must be deemed to have been rejected. The complainant waited until 16 July 1980 to appeal to the internal appeals body. In the meantime, on 25 March and 19 June, he had been informed that the matter was being studied. The Director-General was correct in deciding that the internal appeal was irreceivable: there had been no final decision expressing rejection. The complaint is dismissed.
Keywords
absence of final decision; failure to answer claim; receivability of the complaint; internal appeal
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