Judgment No. 3651
The complaint is dismissed.
The complainant challenges the decision not to confirm his appointment upon the expiry of his probationary period.
probationary period; complaint dismissed
In Judgment 3311, considerations 5 and 6, the Tribunal reiterated that the time limits for internal appeal procedures serve the important purposes of ensuring that disputes are dealt with in a timely way and the rights of parties are known to be settled at a particular point of time. The Tribunal relevantly rationalized this approach in the following terms: time limits are an objective matter of fact and strict adherence to them is necessary, otherwise the efficacy of the whole system of administrative and judicial review of decisions potentially adversely affecting the staff of international organisations would be put at risk. Flexibility about time limits should not intrude into the Tribunal’s decision-making even if it might be thought to be equitable or fair in a particular case to allow some flexibility. To do otherwise would “impair the necessary stability of the parties’ legal relations” (see Judgment 2722, consideration 3). However, there are some exceptions to this general approach, which have been expressed in the Tribunal’s case law.
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 2722, 3311
receivability of the complaint; internal remedies exhausted; time bar; late appeal; late filing