Judgment No. 499
1. The complaint is receivable.
2. The ILO shall submit its arguments on the merits of the complaint.
3. The Tribunal will make no decision on the complaint until the written evidence is complete.
"The time limit for filing a complaint is ninety days, either after the notification of the express decision or from the expiry of the sixty-day time limit allowed for the taking of a decision by the organisation."
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
failure to answer claim; receivability of the complaint; internal remedies exhausted; time limit; case sent back to organisation; further submissions on the merits
The organisation confined itself to procedural issues. If the defendant considers the complaint to be clearly vexatious, it may apply to the Tribunal, before filing its memorandum, for permission to confine its arguments to the decisive point. "Otherwise [the defendant] will incur the danger that, instead of adjourning, as in the present case, the Tribunal declare the allegations of fact in the complaint to be established."
tribunal; case sent back to organisation; further submissions on the merits; reply confined to receivability; acceptance; condition
In May the complainant made known his intention to appeal against the transfer. The Director-General replied that he was willing to refer the matter to the Joint Committee. In August the administration said the Director-General, who was absent, had received a recommendation to that effect. In September it told the complainant that the matter would be put to the Committee. "These shifting attitudes, which in the end came to nothing and spanned four months, constitute exceptional circumstances and warranted a direct complaint to the Tribunal."
receivability of the complaint; administrative delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; exception
"Article VII does not lay down an absolute rule. A complainant may abandon the internal proceedings even before a decision is taken and may appeal directly to the Tribunal when the appeals body fails to report and there is no reason to suppose from the evidence that it is likely to do so within a reasonable period. But it must be quite clear from the evidence that there is no decision, and only in quite exceptional cases will the Tribunal find that the condition is met."
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
implied decision; failure to answer claim; receivability of the complaint; internal appeal; internal remedies exhausted; time limit; exception; reasonable time