Judgment No. 4285

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 24.07.2020
• Original: English
• Judges: Hansen, Barbagallo, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant contests what she considers to be UNESCO’s failure to respect her right to sick leave and medical privacy.

Judgment keywords

Keywords

receivability of the complaint; sick leave; complaint dismissed

Consideration 12

Extract:

The Tribunal has constantly held that a complaint will not be receivable “if the underlying internal appeal was not filed within the applicable time limits” (see Judgment 3758, consideration 10, and the cases cited therein). As the complainant did not exhaust the internal means of redress regarding the ICTP Medical Service’s unsuccessful attempt to contact her physician, as required in Article VII, paragraph 1, of the Tribunal’s Statute, the complaint is irreceivable.

Reference(s)

ILOAT Judgment(s): 3758

Keywords

receivability of the complaint; late appeal; internal remedies not exhausted