Judgment No. 532
Decision
THE COMPLAINT IS DISMISSED.
Consideration 5
Extract:
Vide Judgment 533, consideration 5.
Reference(s)
ILOAT Judgment(s): 533
Keywords
absence of final decision; failure to answer claim; direct appeal to tribunal; internal remedies exhausted; exception; reasonable time
Consideration 1
Extract:
The declaration of recognition mentioned in Article II, paragraph 5, of the Statute of the Tribunal "recognises not only the Tribunal's competence but also the applicability of its Rules of court. An organisation which makes such a declaration accepts the provisions of the Statute and the Rules of court, and any provisions in its own rule book on the receivability of complaints filed with the Tribunal are of no effect, whether they comply with the Tribunal's rules or not."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
Keywords
procedure before the tribunal; receivability of the complaint; time limit; declaration of recognition; iloat statute; precedence of rules; staff regulations and rules; enforcement; consequence; difference
Consideration 3
Extract:
Vide Judgment 533, consideration 3.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
ILOAT Judgment(s): 533
Keywords
implied decision; failure to answer claim; internal remedies exhausted; time limit; exception; iloat statute; provision
Consideration 3
Extract:
The term 'decision' in Article VII[3] of the Statute of the Tribunal denotes "any action by an officer of the organisation which has a legal effect. Accordingly, where such an officer merely acknowledges receipt of an appeal addressed to him, that will not amount to a decision, even if he says he intends to look into the matter as promptly as possible. Such an acknowledgement has no legal effect and is not a decision such as will rebut the presumption of dismissal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
Keywords
decision; formal requirements; definition
Considerations 4-5
Extract:
Vide Judgment 533, considerations 4 and 5.
Reference(s)
ILOAT Judgment(s): 533
Keywords
absence of final decision; express decision; implied decision; failure to answer claim; internal appeal; internal remedies exhausted
Consideration 2
Extract:
Insofar as a provision of the Service Regulations purports to provide that failing a decision by the President on an internal appeal within two months, a complaint may be duly filed with the Tribunal, "the provision must be treated as invalid because this is a matter of procedure which only the Tribunal's own Statute and Rules of court can settle."
Keywords
procedure before the tribunal; competence of tribunal; time limit; iloat statute; precedence of rules; staff regulations and rules; provision; difference
Consideration 3
Extract:
A final decision is one "not open to further challenge within the organisation."
Keywords
decision; definition
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