Judgment No. 4268
The complaints are dismissed.
The complainant, who was suspended and revoked for having behaved inappropriately, challenges the delay in the appeal proceedings.
direct appeal to tribunal; internal remedies exhausted; summary procedure; complaint dismissed
Under the Tribunal’s case law, an argument based on an inordinate and inexcusable delay may not be accepted unless a 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 her or 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 Judgments 3558, consideration 9, or 4200, consideration 3).
ILOAT Judgment(s): 3558, 4200
direct appeal to tribunal; internal remedies exhausted