Judgment No. 3399
The complaint is dismissed.
The Tribunal found that the complainant's claims were all irreceivable for failure to exhaust internal means of redress.
receivability of the complaint; failure to exhaust internal remedies; complaint dismissed
"The complainant did not cure the failure to exhaust her internal remedies by obtaining a waiver from the Director-General to file the challenge directly to the Tribunal pursuant to Staff Rule 111.2(b) (see, for example, Judgment 3190, under 9). The complainant was not entitled to infer the Director-General’s waiver from the absence of a reply to her request (see, for example, Judgment 458, under 3)."
ILOAT Judgment(s): 458, 3190
direct appeal to tribunal
"It is firm case law that a staff member is not allowed on her or his own initiative to evade the requirement that internal means of redress must be exhausted before a complaint is filed before the Tribunal (see Judgment 3190, under 9, and the case law referred to therein)."
ILOAT Judgment(s): 3190
failure to exhaust internal remedies