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Judgment No. 576

Decision

THE COMPLAINT IS DISMISSED.

Consideration 4

Extract:

When the complainant received the personal report, he did not add his own comments. He by-passed the largely informal discussion stage by prematurely filing a notice of appeal. "He thereby interrupted the procedure for preparation of the final text, and only that text constitutes a decision. [He] did no more than challenge a preliminary act, and his present claim to have it set aside is irreceivable."

Keywords

procedure before the tribunal; absence of final decision; internal appeal; internal remedies exhausted; performance report; rebuttal

Consideration 9

Extract:

The only point in favour of the complainant's claim [he says that he was transferred because of his trade union activities] is the suddenness of the decision, which came only a few days after he had attended meetings as a staff representative. "But the coincidence does not suffice to establish any misuse of authority. The circumstances of his [transfer] may be regrettable, but they have no effect on the lawfulness of the decision."

Keywords

lack of evidence; transfer; staff union activity; misuse of authority



 
Last updated: 31.03.2020 ^ top