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Judgment No. 181

Decision

1. The decision of the Director-General of 19 October 1970 is quashed.
2. The case is referred back to the Director-General for a decision on the merits after reference to the Appeals Board.

Consideration 5

Extract:

"[T]he Director-General was at fault in ruling that the complainant's appeal to the Appeals Board was time-barred [...]. The decision impugned must accordingly be quashed." The case is referred back to the organization for a decision on the merits.

Keywords

receivability of the complaint; internal appeal; tribunal; time bar; decision quashed; case sent back to organisation; further submissions on the merits; reply confined to receivability; refusal

Consideration 4

Extract:

If the time limit had expired, "the Director-General could indeed have refused to consider the complainant's protest. However, the ruling given [...] on his instructions makes no reference to the expiry of the time limit. Failure to observe a time limit laid down by the [applicable provision] is not [a flaw] which can be pleaded at a later stage in the procedure."

Keywords

internal appeal; mistaken hearing of merits; time limit; time bar; flaw; procedural flaw

Consideration 3

Extract:

The date on which the appeal is despatched is the important one. "[I]n laying down that staff members must submit their appeal in writing to the [competent body] within 15 or 30 days, [the applicable provision] implies that the important one is that on which the appeal is despatched."

Keywords

receivability of the complaint; internal appeal; time limit; interpretation; date



 
Last updated: 28.02.2020 ^ top