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Judgment No. 4103

Decision

The complaint is dismissed.

Summary

The complainant contests the decision not to grant him mission status during the first six months of his assignment to a field post.

Judgment keywords

Keywords

status of complainant; complaint dismissed

Consideration 1

Extract:

[A] complaint will not be receivable unless the impugned decision is a final decision and the complainant has exhausted all the internal means of redress. This means that a complaint will not be receivable if the underlying internal appeal was not filed within the applicable time limits. As the Tribunal has consistently stated, the strict adherence to time limits is essential to have finality and certainty in relation to the legal effect of decisions. When an applicable time limit to challenge a decision has passed, the organisation is entitled to proceed on the basis that the decision is fully and legally effective (see Judgment 3758, under 10 and 11, and the case law cited therein).

Reference(s)

ILOAT Judgment(s): 3758

Keywords

receivability of the complaint; internal appeal; internal remedies exhausted; time limit; failure to exhaust internal remedies; late appeal



 
Last updated: 21.05.2020 ^ top