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Judgment No. 1534


The complaint is dismissed.

Consideration 3


"The FAO submits that his complaint is irreceivable because he has failed to exhaust his internal remedies. Though he filed before he got the final decision [...] the Committee took a whole year to come up with a three-page report and the Director-General another five months to let the complainant have a decision. Such delays are exorbitant and unpardonable. Under the circumstances the complainant was entitled to come straight to the Tribunal without waiting any longer for a reply from the Director-General. The objections to receivability fail."


complaint; receivability of the complaint; internal appeals body; administrative delay; direct appeal to tribunal; internal appeal; internal remedies exhausted; date of notification; delay; exception; organisation's duties

Considerations 4-5


There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."


complaint; injury; evidence; general principle; cause; compensation; condition; definition; presumption

Last updated: 01.09.2020 ^ top