Judgment No. 3023
1. The FAO shall pay the complainant moral damages in the amount of 1,000 euros.
2. The complaint is otherwise dismissed.
The Tribunal rejects the plea that the non-observance of the time-limits for the filing of the internal appeal was due to reasons beyond the complainant's control.
"[T]he complainant claims that she has suffered injury due to the delay in the internal appeals proceedings. The Tribunal notes that the internal appeal took approximately 17 months. Given that the only issue considered in the appeal process was receivability, the Tribunal agrees that there has been undue delay for which the complainant is entitled to moral damages [...]."
claim; moral injury; complainant; internal appeal; delay; reasonable time; compensation
As the Tribunal stated in Judgment 2893, under 5, in relevant part:
“Neither the legal provisions governing [the Appeals Committee] nor the general principles applicable to such an appeal body require that a complainant be given an opportunity to present oral submissions in person or through a representative. As the Tribunal has already had occasion to state in Judgment 623, all that the right to a hearing requires is that the complainant should be free to put his case, either in writing or orally; the appeal body is not obliged to offer him both possibilities.”
ILOAT Judgment(s): 623, 2893
internal appeals body; oral proceedings