Judgment No. 146
Decision
1. It is no longer necessary to pronounce upon the complainant's claim for the quashing of the decision to terminate his appointment and for the payment to him of his salary in full from 11 June to 31 December 1968.
2. The remainder of the complaint is rejected as irreceivable.
Consideration 3
Extract:
The complainant did not submit an appeal to the internal appeals body before filing his complaint with the Administrative Tribunal. "He had therefore failed to exhaust the internal procedure available to him before appealing to the Tribunal." The complainant did not obtain the Director-General's leave to appeal directly to the Tribunal as required by the applicable provision. His claims are dismissed.
Keywords
receivability of the complaint; direct appeal to tribunal; internal remedies exhausted; executive head; acceptance; condition
Considerations
Extract:
After the complaint was lodged with the Tribunal, the Director-General reversed his decision to terminate the complainant's appointment and transferred him to headquarters until the date of expiry of his contract. "By this decision the Director-General over-ruled the impugned decision to terminate [his] appointment." The complainant has therefore lost his cause of action and the Tribunal need not entertain it.
Keywords
cause of action; no cause of action; settlement out of court; case pending; transfer; contract; fixed-term; termination of employment
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