L'OIT est une institution spécialisée des Nations-Unies
ILO-fr-strap
Plan du site | Contact English
> Page d'accueil > Triblex: base de données sur la jurisprudence > Par mots-clés du thésaurus > recevabilité de la requête

Judgment No. 730

Decision

1. IT IS DECLARED THAT THE COMPLAINT IS RECEIVABLE BUT IS DISMISSED ON THE MERITS; AND
2. IT IS ORDERED THAT THE COMPLAINANT BE PAID BY THE ORGANIZATION US$250 AS COSTS.

Considerations 7-8

Extract:

"The questions of law are: 1) whether there was any obligation on the organization to assist the complainant in the prosecution of his appeal; 2) if so, whether there was a breach of that obligation. [...] The Tribunal holds that in the circumstances of this case there was an obligation forming part of the general duty which an employer owes to an employee. In many cases, for example, in a large office where there is a staff association given facilities by the organisation, the administration can properly feel that it need do nothing more. But in a small office remote from headquarters it is different."

Keywords

procedure before the tribunal; complaint; organisation's duties; duty to inform

Consideration 9

Extract:

"In the present case the Tribunal, having found that in all the circumstances the complainant exercised due diligence in the pursuit of his remedies and consequently that his failure to file a complaint within the prescribed period was caused solely by the organization's breach of obligation to render the necessary assistance, concludes that the delay does not render the complaint irreceivable."

Keywords

procedure before the tribunal; complaint; organisation; receivability of the complaint; administrative delay; exception; time bar; negligence; organisation's duties



 
Dernière mise à jour: 31.08.2020 ^ haut