Judgment No. 1141
THE COMPLAINT IS DISMISSED.
"According to Article VII(1) of the Tribunal's Statute a complaint shall not be receivable unless the official has exhausted such other means of resisting it as are open to him under the applicable staff regulations. The purpose is twofold: the official should first avail himself of any opportunities he may have within the organisation for obtaining redress; then, if he presses his case, the Tribunal should have at its disposal full records on the administrative handling of the dispute."
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
complaint; receivability of the complaint; internal remedies exhausted
The complainant failed to exhaust the means of resisting the decision open to him under the Staff Regulations. He "may not plead ignorance of the rules on appeal or his living in far-off lands: every official may be expected to know the requirements of the staff regulations and staff rules, wherever he may be stationed or resident."
duty to be informed; ignorance of the rules; duty to know the rules
The complainant failed to file a rejoinder in the time limit set by the Registry but applied for an extension of the time limit on the grounds of communication difficulties. "The Tribunal cannot allow that application, which reached it when it was already in session. There is no detriment to the complainant's rights on that account since the pleadings the Tribunal has before it afford an adequate account of the material facts and the parties' arguments."
lack of injury; time limit; delay; rejoinder; closure of written proceedings