Judgment No. 730
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.
"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."
procedure before the tribunal; complaint; organisation's duties; duty to inform
"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."
procedure before the tribunal; complaint; organisation; receivability of the complaint; administrative delay; exception; time bar; negligence; organisation's duties