Judgment No. 3053
The complaint is dismissed.
"[A]s the President of the Office has no jurisdiction to entertain an appeal against a decision of the Administrative Council, her action in referring the appeal addressed to the Council to the Appeals Committee has no legal effect. It follows that the argument that the present complaint is irreceivable on the basis that internal remedies have not been exhausted because proceedings are pending before the Internal Appeals Committee must be rejected."
"Where the only body competent to hear an appeal declines jurisdiction, a decision to that effect is a final decision that may properly be the subject of a complaint to the Tribunal."
internal appeals body; internal appeal; internal remedies exhausted; final decision
"Ordinarily, if an internal appeals body wrongly declines jurisdiction, the decision to that effect will be set aside and remitted for further consideration in accordance with the relevant internal appeal procedures."
internal appeals body; competence; internal appeal; case sent back to organisation; refusal
internal appeals body; competence; complaint dismissed