Judgment No. 2820
1. The FAO shall pay to the complainant moral damages in the amount of 1,000 euros.
2. It shall also pay him costs in the amount of 500 euros.
3. The complaint is dismissed as irreceivable.
"As the FAO raised the question of the applicability of Article VII, paragraph 3, of the Statute, for the sake of completeness the Tribunal makes the following observation. Article VII, paragraph 3, provides that if the Administration fails to take a decision within sixty days of the notification of a claim, the official may have recourse to the Tribunal and the complaint is receivable in the same manner as a complaint taken against a final decision. In Judgment 2784, under 6, the Tribunal held that paragraph 3 only applies to an anticipated final decision. In the present case, it is clear that no final decision could be anticipated until the complainant submitted his appeal to the Appeals Committee."
ILOAT reference: Article VII of the Statute
ILOAT Judgment(s): 2784
decision; receivability of the complaint; direct appeal to tribunal; internal appeal; right of appeal; time limit
"Although the complaint must be dismissed as irreceivable, there was an inordinate delay in providing a reply to the appeal within the time limit provided in the Staff Rules or the time in which the Executive Director was supposed to reply. Had these time limits been observed, the matter would not have proceeded beyond the original complaint. In the circumstances, the complainant is entitled to moral damages which the Tribunal sets at 1,000 euros [...]."
moral injury; internal appeal; delay; staff regulations and rules