Judgment No. 4475
The complaint is dismissed.
The complainant challenges the handling of her grievance complaint.
receivability of the complaint; step in the procedure; internal remedies not exhausted; complaint dismissed
The Tribunal shall first address the issues of receivability raised by the ICC. The complainant objects that these issues were not raised by the defendant in the internal appeal proceedings, thus they fall outside the competence of the Tribunal. This objection is correct only with regard to the fourth head of the receivability challenge, related to the settlement agreement. Indeed the ICC had the possibility to raise that issue during the internal proceedings, and did not, therefore it cannot raise it now before the Tribunal (see, for example, Judgments 3160, consideration 14, and 3729, consideration 6).
ILOAT Judgment(s): 3160, 3729
receivability of the complaint; estoppel
The Tribunal holds that the complaint is irreceivable, as the impugned decision is not a final one. Pursuant to Article VII, paragraph 1, of the Statute of the Tribunal, “[a] complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations”. The Tribunal’s case law distinguishes between final decisions and other procedural steps leading to a final decision. Ordinarily, the process of decision-making involves a series of steps or findings which lead to a final decision. Those steps or findings do not constitute a decision, much less a final one. They may not be attacked directly before the Tribunal, but they may be impugned as part of a challenge to the final decision (see, for example, Judgments 2366, consideration 16, 3433, consideration 9, 3512, consideration 3, 3860, considerations 5 and 6, 3958, consideration 15, and 3961, consideration 4).
ILOAT Judgment(s): 2366, 3433, 3512, 3860, 3958, 3961
receivability of the complaint; step in the procedure; internal remedies not exhausted
With regard to the other three heads, the issues raised by the ICC pertain either to the receivability of claims before the Tribunal or to the competence of the Tribunal, thus they could not have been raised by the ICC before the filing of the complaint.
new claim; receivability of the complaint