Judgment No. 1149

• Organization: International Telecommunication Union (ITU)
• Date: 29.01.1992
• Original: English
• Judges: Suffian, Carroll, Ruda
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 4

Extract:

"According to the case law, the scope of claims to the Tribunal may not go beyond that of the claims that formed part of the internal appeal, since any claim that goes further is barred under the rule in Article VII(1) of the Tribunal's Statute that the complainant must have exhausted the internal means of redress."

Reference(s)

ILOAT reference: ARTICLE VII(1) OF THE STATUTE

Keywords

claim; new claim; receivability of the complaint; internal remedies exhausted; case law; iloat statute

Consideration 7

Extract:

"The Tribunal is not satisfied that the complainant's dignity was in any way impaired by his being on sick leave when his appointment expired. That an official is in hospital rather than at work at the office at the previously appointed date of termination is a mere accident of life. It cannot be seen by any reasonable person as detracting from the respect due to [him]."

Keywords

organisation's duties; respect for dignity; separation from service; sick leave