Judgment No. 3592
Decision
1. The implied decision rejecting the appeal filed by the complainant on 23 April 2013, which he confirmed and substantiated on 15 May 2013, is set aside.
2. The case is remitted to the IOOC in order that the aforementioned appeal be submitted to the competent internal appeal bodies.
3. The IOOC shall pay the complainant costs in the amount of 2,500 euros.
4. All other claims are dismissed.
Summary
The complainant, whose letter of resignation has not been formally accepted, challenges the decision of the Executive Director of the IOOC requiring him, inter alia, to vacate his office.
Judgment keywords
Keywords
procedure before the tribunal; complaint allowed; decision quashed; case sent back to organisation; resignation
Consideration 3
Extract:
"[C]onsistent precedent has it that, although rules of procedure should ordinarily be strictly complied with, they must not set traps for staff members who are defending their rights and therefore they must not be construed with too much formalism. Consequently, an appeal submitted to the wrong authority is not irreceivable on that account and it is for that authority, in such circumstances, to forward it to the one which is competent, within the organisation, to hear it (see, for example, Judgments 1832, under 6, 2882, under 6, 3027, under 7, and 3423, under 9(b))."
Reference(s)
ILOAT Judgment(s): 1832, 2882, 3027, 3423
Keywords
internal appeal
Consideration 4
Extract:
When a complaint is filed against an implied decision of rejection, the Tribunal may either rule on the merits of the case brought to it, or remit the case to the organisation.
The former solution would be tantamount to unduly depriving the complainant of his right to an internal appeal, which is an additional safeguard to that which judicial protection offers the staff members of international organisations which have recognised the Tribunal's jurisdiction ( see in particular Judgments 2781, under 15, and 3067, under 20 ). The Tribunal will not therefore rule on the merits and the case will be remitted to the IOOC, which must submit the appeal that has not been considered to its competent bodies.
Reference(s)
ILOAT Judgment(s): 2781, 3067
Keywords
case sent back to organisation
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