Judgment No. 858

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 10.12.1987
• Original: Anglais
• Judges: Ducoux, Suffian, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 24

Extract:

The complainant "decided that it was not necessary to appeal in accordance with the rules and get a final decision. His arguments justifying his inaction are not well founded. His decision not to pursue an appeal was made deliberately and on legal advice, and he was not misled by the organization: the appropriate rules were supplied to him. His explanation is without merit and unacceptable."

Keywords

absence of final decision; receivability of the complaint; internal remedies exhausted

Summary

Extract:

The complainant was informed on 9 March 1984 of the decision not to extend his sick leave, confirming the date on which he was to be separated. The complainant lodged a protest by letter on 25 July 1984. Although that letter was not in the usual form of an appeal, the organization agreed to treat it as one. The organization's well-meaning offer was expressly turned down by the complainant. His refusal brought an end to contacts between the parties and the complainant never obtained a final decision from the Director-General.

Keywords

absence of final decision; receivability of the complaint; internal appeal; internal remedies exhausted