Judgment No. 3545

• Organization: International Labour Organization (ILO)
• Date: 30.06.2015
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

As the complaint is time-barred and therefore irreceivable, it is dismissed.

Judgment keywords

Keywords

time bar; harassment; complaint dismissed

Consideration 2

Extract:

"Article VII, paragraph 2, of the Statute of the Tribunal provides that, to be receivable, a complaint must have been filed within 90 days after the complainant was notified of the decision impugned. As the Tribunal has repeatedly stated, this time limit is an objective matter of fact and the Tribunal will not entertain a complaint filed after that time limit has expired. Any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties’ legal relations, which is the very justification for the time bar (see Judgments 3393, under 1, 3304, under 2, and 3467, under 2)."

Reference(s)

ILOAT Judgment(s): 3304, 3393, 3647

Keywords

time bar