Judgment No. 3818
Decision
The application for review is dismissed.
Summary
The complainant has filed an application for review of Judgment 3685.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3685
Keywords
application for review; complaint dismissed
Consideration 3
Extract:
In Judgment 3685, consideration 6, the Tribunal noted that Article VII, paragraph 1, of its Statute served several related purposes and referred, in particular, to the observations of the Tribunal in Judgment 3222, considerations 9 and 10. But the Tribunal also noted that, in certain circumstances, a complainant can be taken to have exhausted internal means of redress if the internal appeal proceedings were unlikely to end within a reasonable time having regard to the circumstances existing at the time the complaint was filed.
Reference(s)
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3222, 3685
Keywords
internal remedies exhausted
Consideration 5
Extract:
This argument confuses the operation of Article VII [of the Statute]. A “final decision” for the purposes of Article VII is a decision following the process of internal appeal or, less usually, a decision that cannot be the subject of internal appeal having regard to the applicable staff rules or regulations. It is unnecessary to discuss whether there are other characteristics of a decision necessary to render it a “final decision”. What Article VII, paragraph 3, accommodates is a situation where a claim is made by an official and no action or decision on that claim occurs or is made within 60 days of the claim being made. In those circumstances the official can have recourse to the Tribunal as if there had been a “final decision”, because after the effluxion of the prescribed time, there can be taken to be an implied decision. If the organization takes a step in an internal appeal, that forestalls an implied rejection of the appeal that could be challenged before the Tribunal (see, for example, Judgment 3428, consideration 18).
Reference(s)
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 3428
Keywords
final decision
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