Judgment No. 3466
The complaint is dismissed.
The complaint, which challenges a rule of general application, is clearly irreceivable and is summarily dismissed.
general decision; cause of action; summary procedure; complaint dismissed
"An official of an organisation cannot lawfully challenge before the Tribunal a rule of general application unless and until it is applied in a manner prejudicial to that official (see Judgments 1852, under 3, 2822, under 6, and 2953, under 2). In the present case the complainant’s challenge to Circular No. 323 is of that character. The policy in the Circular has not been applied to the complainant notwithstanding that an adverse decision was earlier made affecting the complainant which involved an approach later embodied in the Circular. Accordingly the complaint is clearly irreceivable and should be dismissed summarily under Article 7 of the Rules of the Tribunal."
ILOAT Judgment(s): 1852, 2822, 2953
general decision; cause of action