Judgment No. 4200
The complaint is dismissed.
The complainant impugns an implied decision to dismiss his appeal against the outcome of a recruitment process.
direct appeal to tribunal; internal remedies exhausted; summary procedure; complaint dismissed
It is firmly established in the case law that the rules governing the receivability of complaints filed with the Tribunal are established exclusively by its own Statute (see, for example, Judgment 3889, consideration 3). The mere fact that the organization did not respect the time limits set out in its own Staff Rules does not mean that the internal procedure was necessarily paralyzed. [...] Even if the statutory time limit was not respected, which is doubtful in the present case, an argument based on an inordinate and inexcusable delay may only be accepted where the complainant “shows that the requirement to exhaust the internal remedies has had the effect of paralysing the exercise of her or his rights. It is only then that she or he is permitted to come directly to the Tribunal where the competent bodies are not able to determine an internal appeal within a reasonable time, depending on the circumstances. A complainant can make use of this possibility only where [she or] he has done his utmost, to no avail, to accelerate the internal procedure and where the circumstances show that the appeal body was not able to reach a decision within a reasonable time [...]” (see Judgment 3558, consideration 9 (emphasis added), and the case law cited therein).
ILOAT Judgment(s): 3558, 3889
receivability of the complaint; direct appeal to tribunal; internal remedies exhausted