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Judgment No. 451

Decision

THE ORGANIZATION SHALL PAY TO THE COMPLAINANT 2,000 UNITED STATES DOLLARS TOWARDS HER COSTS BUT, SAVE AS AFORESAID, THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

"The rule that a complaint shall be receivable only if the internal means of redress have been exhausted is not a hard and fast one even though the Statute does not allow any derogation from it. If a complainant does all in her power to procure a decision and if nevertheless the internal appeals body either by its statements or by its conduct evinces an intention not to give a decision within a reasonable period, justice requires that an exception should be made. [...] When the delay is inordinate and inexcusable, such an intention can be inferred."

Keywords

implied decision; failure to answer claim; receivability of the complaint; administrative delay; internal appeal; internal remedies exhausted; time limit; reasonable time

Consideration 12

Extract:

"It is impossible to argue that the Director's failure to respond instantly and affirmatively to the complainant's demands [for transfer] amounted to an abuse of power."

Keywords

request for transfer; misuse of authority; abuse of power

Consideration 13

Extract:

"It is unusual to award costs to a complainant who has failed in the result. But since in this case she has succeeded on the important issue of receivability the Tribunal will award her [costs]."

Keywords

exception; costs

Consideration 10

Extract:

When an appeals body cannot examine a case "in the second instance" because no decision had been taken by the lower body, there is no obligation on an appellant to explore ways of putting pressure on the latter to discharge its duty. The complaint is receivable.

Keywords

failure to answer claim; receivability of the complaint; internal remedies exhausted; consequence



 
Last updated: 13.09.2021 ^ top