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Judgment No. 1888

Decision

The complaint is dismissed.

Consideration 4

Extract:

"Both the Regional Board and the Headquarters Board of Appeal made a specific finding that the appeals were receivable, but the Tribunal's case law establishes that notwithstanding such findings it is still open to the organization to submit the question of the receivability of the internal appeal to the Tribunal."

Reference(s)

ILOAT Judgment(s): 575

Keywords

organisation; receivability of the complaint; internal appeals body; internal appeal; recommendation; report; case law; right

Consideration 11

Extract:

"The Tribunal's jurisdiction is limited to the review of administrative decisions taken by international organisations affecting the employment conditions of their employees. Where such decisions are found to be reviewable and where they have caused harm, the Tribunal will exercise its jurisdiction to order reparation thereof. The Tribunal is not, however, a civil court of general jurisdiction in matters of delict and contract. Even where they may be causally related to injury suffered by someone, prejudice and malfeasance do not give rise to a claim for damages before the Tribunal unless they can be related to a specific administrative decision which has become final and against which the complainant has exhausted all available internal remedies."

Keywords

decision; injury; moral injury; internal remedies exhausted; competence of tribunal; staff regulations and rules; contract; judicial review; limits; bias; compensation; material damages



 
Last updated: 25.06.2020 ^ top