Judgment No. 3451
The complaint is dismissed.
The complaint is dismissed for failure to exhaust internal remedies.
ILOAT Judgment(s): 3050, 3219
illness; service-incurred; failure to exhaust internal remedies; complaint dismissed
"With respect to the request for joinder, the Tribunal has already dealt with the complainant’s fourth complaint in Judgment 3221, thus rendering the question of joinder moot."
ILOAT Judgment(s): 3221
"The complainant was informed that he could contest the decision to reject his compensation claim in one of two ways; either by requesting that a Medical Board be convened in accordance with paragraph 25(b) of Annex II of the Staff Regulations if he contested the decision on medical grounds, or by bringing an appeal to the JAAB if he contested the decision on any other grounds (such as procedural grounds). He chose not to appeal to either, instead bringing the case directly before the Tribunal. The complainant is mistaken in his understanding of the competence of the JAAB and that the decision not to convene a Medical Board is an issue of procedure, and could have been analysed by the JAAB. Staff Regulation 13.2.1 provides that special procedures apply for compensation claims."
failure to exhaust internal remedies