Judgment No. 3873
The complaint is dismissed.
The complainant claims compensation for various injuries that WHO allegedly caused him.
receivability of the complaint; failure to exhaust internal remedies; complaint dismissed
To satisfy Article VII, paragraph 1, of the Statute, which sets out that requirement, the complainant must follow the available internal appeal procedures properly and in particular observe any time limits that may be set for the purposes of those procedures (see, for example, Judgments 3296, under 10, and 3749, under 2).
Exceptions to that requirement are very limited, namely where staff regulations do not provide for an internal appeal procedure, where the complainant does not have access to an existing internal appeal procedure owing to his or her employment status, or where the parties have mutually agreed to forgo internal appeal proceedings. An exception may also be made where the complainant has initiated internal proceedings but the appeal body is unable to reach a decision without inordinate and inexcusable delay, even though the complainant has done his or her utmost to obtain a final decision (see, for example, Judgments 2912, under 6, 3397, under 1, 3558, under 9, and 3714, under 12).
The onus is on the complainant to prove that one of those conditions is satisfied.
ILOAT Judgment(s): 2912, 3296, 3397, 3558, 3714, 3749
failure to exhaust internal remedies; internal remedies not exhausted