Judgment No. 2461

• Organization: European Southern Observatory (ESO)
• Date: 06.07.2005
• Original: English
• Judges: Gentot, Hugessen, Gordillo
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Considerations 1-3

Extract:

ESO considers that the complainant's internal appeal is not receivable according to Article R VI 1.02 of the Staff Regulations since he is no longer a staff member.
"The organisation is correct. The Staff Regulations do not give him any right of internal appeal. [...] The complainant alleges a contradiction between ESO's Staff Rules and Regulations [...] and Article VII(1) and (2) of the Tribunal's Statute. In fact, the language of the Tribunal's Statute does not specifically require the organisation to provide specific internal remedies, it only requires that those actually existing be exhausted."

Reference(s)

ILOAT reference: Article VII(1) and (2) of the Statute
Organization rules reference: Article R VI 1.02 of ESO's Staff Regulations

Keywords

status of complainant; organisation; receivability of the complaint; internal appeal; internal remedies exhausted; organisation's duties; iloat statute; staff regulations and rules; provision; separation from service; right; official