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Judgment No. 2366

Decision

1. The complaint is dismissed insofar as it concerns the decision not to promote the complainant without reclassification of his post.
2. The complaint is otherwise dismissed as not receivable.

Consideration 16

Extract:

"Ordinarily, the process of decision making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final decision. They may be attacked as part of a challenge to the final decision but they, themselves, cannot be the subject of a complaint to the Tribunal. Occasionally however, what appears to be a single and final decision may embody more than one decision. That will be the case if separate and distinct issues have to be decided. So, too, a decision which does not resolve an entire dispute may nonetheless constitute a final decision if it is a decision on a separate and distinct issue. The present is such a case."

Keywords

procedure before the tribunal; complaint; decision; absence of final decision; provisional decision; receivability of the complaint; settlement out of court; iloat; general principle; condition; definition; difference

Consideration 23

Extract:

"It is clear from Judgments 1560, 2112, 2201, and 2213 that a decision becomes binding on an organisation only when it is notified to the official concerned in the prescribed manner or in some other manner that gives rise to an inference that it was intended to notify the official of the decision."

Reference(s)

ILOAT Judgment(s): 1560, 2112, 2201, 2213

Keywords

decision; organisation; formal requirements; case law; organisation's duties; binding character; condition; difference; purpose; official



 
Last updated: 26.06.2020 ^ top