Judgment No. 4570
Decision
The complaint is dismissed.
Summary
The complainant impugns the decision to reject her request to suspend the consideration by the Joint Administrative Review Board of three internal appeals she had lodged, pending the Tribunal’s determination on corresponding complaints filed directly with it.
Judgment keywords
Keywords
summary procedure; internal remedies not exhausted; complaint dismissed
Consideration 2
Extract:
The Chief of Staff simply confirmed what is required by the Statute of the Tribunal, which, in Article VII, paragraph 1, provides that “[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 decision is therefore obviously lawful.
Keywords
internal remedies not exhausted
Consideration 3
Extract:
In the request addressed to the Director General the complainant raised a number of issues related to the composition of the JARB. In substance, the complainant argues that the Administration as a whole has a conflict of interest in all internal appeals lodged by her. However, this type of argument can be invoked before the Tribunal only when challenging a final administrative decision. Indeed, a decision concerning the composition of an internal body is not a final administrative decision amenable to review by the Tribunal, but merely a step in the process leading to a final administrative decision. As such, it may be challenged before the Tribunal only in the context of a complaint impugning the decision to be taken at the end of the internal appeal procedure (see, for example, Judgments 4131, consideration 4, and 4297, consideration 7).
Reference(s)
ILOAT Judgment(s): 4131, 4297
Keywords
step in the procedure; internal remedies not exhausted; composition of the internal appeals body
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