Judgment No. 3399

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 11.02.2015
• Original: English
• Judges: Barbagallo, Rouiller, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The Tribunal found that the complainant's claims were all irreceivable for failure to exhaust internal means of redress.

Judgment keywords

Keywords

receivability of the complaint; failure to exhaust internal remedies; complaint dismissed

Consideration 2

Extract:

"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)."

Reference(s)

ILOAT Judgment(s): 458, 3190

Keywords

direct appeal to tribunal

Consideration 4

Extract:

"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)."

Reference(s)

ILOAT Judgment(s): 3190

Keywords

failure to exhaust internal remedies