Judgment No. 4365
The application for review is dismissed.
The complainant requests the review of Judgment 4224.
application for review; material error; summary procedure; complaint dismissed
[I]n accordance with the general principle of international civil service law that a decision adversely affecting a staff member cannot have retroactive effect from a date prior to the date on which it is notified to her or him (see Judgment 1669, under 17), the decision to dismiss the complainant summarily had taken effect on 10 November 2016.
ILOAT Judgment(s): 1669
[T]he complainant submits that by refusing UNESCO’s request that it be allowed to confine its reply to the issue of the receivability of the complaint, the President of the Tribunal had necessarily dismissed UNESCO’s objection to receivability.
The complainant is mistaken. The President’s decision, issued in the exercise of his general power to direct the conduct of the proceedings, in no way prejudged the receivability of the complaint and had no bearing on the complainant’s duty to exhaust internal remedies.
receivability of the complaint; internal remedies exhausted