Judgment No. 3813
The complaint is dismissed.
The complainant impugns what he considers to be an implied decision to reject the internal appeal he filed following the rejection of his request for review of the Administrative Council’s decision CA/D 2/15.
summary procedure; complaint dismissed
The Tribunal’s case law makes it clear that where the Administration takes any action to deal with a claim, by forwarding it to the competent authority for example, this step in itself constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of the Statute, which forestalls an implied rejection that could be referred to the Tribunal (see, for example, Judgments 3428, consideration 18, and 3146, consideration 12).
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 3146, 3428
direct appeal to tribunal