Judgment No. 667
THE COMPLAINT AND THE APPLICATION TO INTERVENE ARE DISMISSED.
"The fact that the impugned decision affects several categories of staff and is therefore general in character is not in itself sufficient to make the complaints irreceivable. Decisions which may be challenged before the Tribunal do not have to be individual in nature. That they may also be general is plain from Article VII, paragraph 2, of the Statute of the Tribunal [a complaint must also comply with] the rule in Article VII(1) of the Statute that the internal means of redress must have been exhausted."
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
general decision; individual decision; receivability of the complaint; internal remedies exhausted; competence of tribunal
The impugned decision is one of the Administrative Council. The Tribunal has ruled that cases challenging a general decision are irreceivable, since such a decision must ordinarily be followed by individual decisions against which appeal does lie.
decision; general decision; receivability of the complaint; application for quashing; executive body
The complainant advances the argument "that the internal appeal procedure could not now function properly since every member of the Appeals Committee [...] would himself have an interest in the outcome of the appeal. [The argument fails.] The objection to the membership of the [...] Committee cannot be entertained in hearing the present complaint. In any event the Committee would be competent to consider allegations of flaws in the individual decision."
internal appeals body; recusal; composition of the internal appeals body
The complainant "is asking the Tribunal to set aside the Council's decision, not in its entirety, but only insofar as it affects himself. [The argument fails.] Obviously to set the impugned decision aside insofar as it affects the complainant would in fact have much the same consequences as to set it aside erga omnes.
general decision; receivability of the complaint; enforcement; application for quashing; consequence