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Judgment No. 567

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 3

Extract:

The complainants committed an error of judgment in thinking that the Tribunal would allow their complaints and that there was therefore no purpose in continuing with the internal proceedings. But that error was "not the same thing as lack of consent such as will render the withdrawal null and void. The basis in law of relations between organisation and staff must be stable. The complainants are liable for the course of action and the decisions they take. [...] They must be held responsible for their own actions and bear the consequences."

Keywords

complainant; receivability of the complaint; direct appeal to tribunal; internal remedies exhausted; negligence; lack of consent

Consideration 3

Extract:

"It is true enough that withdrawal of suit may not be presumed, but the complainants expressed their wishes clearly. It is also true that withdrawal may be cancelled at any time until it is accepted; but here it was not cancelled before the President [of the Office] took note of it."

Keywords

waiver of right of appeal; withdrawal of suit; acceptance; condition

Consideration 3

Extract:

"A judicial decision relates only to the dispute as it is when the decision is given: it cannot rule on a case of which the circumstances are unknown at the time." [The Tribunal had dismissed an earlier complaint for the complainants' failure to exhaust internal means of appeal.] In his final decision, the President noted that the complainants had withdrawn their internal appeal. Their new complaint, coming after that decision, is irreceivable.

Keywords

receivability of the complaint; internal appeal; waiver of right of appeal; judgment of the tribunal



 
Dernière mise à jour: 17.08.2017 ^ haut