Judgment No. 1435

• Organization: World Health Organization (WHO)
• Date: 06.07.1995
• Original: English
• Judges: Fernando, Pescatore, Douglas
• Full judgment text - Full judgment text (french)

Decision

1. THE ORGANIZATION SHALL PAY THE COMPLAINANT 200 UNITED STATES DOLLARS IN COSTS.
2. HIS CLAIM TO DAMAGES IS DISMISSED.

Consideration 10

Extract:

The complainant wants the Tribunal to set aside the appointment of an internal candidate to a post he applied for and challenges the promotion of that candidate. "The complainant has not on any grounds challenged that promotion by way of an internal appeal and he has therefore failed to exhaust the internal remedies available to him. What is more, he has failed to show that he was adversely affected by the promotion. So the Tribunal will not in the context of this application determine whether or not the promotion was valid."

Keywords

claim; absence of final decision; lack of injury; receivability of the complaint; cause of action; internal appeal; internal remedies exhausted