Judgment No. 995
THE COMPLAINT IS DISMISSED.
"According to Article VII(1) of the Tribunal's Statute a complaint shall not be receivable unless the impugned decision is final, the complainant having exhausted the means of redress available to him under the staff regulations. That constitutes a requirement to follow any internal procedure laid down in the Staff Regulations: the staff member must not only respect the time limits for appeal but also comply with any stipulations as to procedure in the Regulations or Implementing Rules."
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
procedure before the tribunal; receivability of the complaint; internal appeal; internal remedies exhausted; time limit; staff regulations and rules; enforcement
According to paragraphs 7 and 9 of the Statutes of the UNESCO Appeals Board, appeals must be presented by the official concerned or, on his behalf, by any other member of the Secretariat stationed at headquarters. The complainant was represented by a lawyer before the Appeals Board and thereby failed to comply with the prescribed procedure. His complaint is accordingly irreceivable. The Tribunal remarks that as lawyers ordinarily have access to any judicial body the rules governing the internal appeals procedure would not be admissible before a court of law. But under the circumstances of the instant case the rules in the Board's Statutes must be construed strictly.
Organization rules reference: PARAGRAPHS 7 AND 9 OF THE STATUTES OF THE UNESCO APPEALS BOARD
procedure before the tribunal; complainant; receivability of the complaint; formal requirements; internal appeals body; internal appeal; staff regulations and rules; enforcement; counsel