Judgment No. 1010
THE COMPLAINT IS DISMISSED.
The complainant's internal appeal against termination after the extension of his probation is time-barred. He argues "that an unregistered letter from someone other than the Director-General cannot constitute proper notice of dismissal or of extension of probation. [The] plea fails [...]. Provided that the staff member is given official notice of a decision the time limit starts to run and there is no need for special procedural formalities. And the absence of the Director-General's signature can have no effect on the time limit for appeal even though it may in some circumstances warrant setting the decision aside."
decision; receivability of the complaint; internal appeal; time limit; start of time limit; time bar; flaw; formal flaw; consequence
The complainant appealed against the decision to dismiss him after the expiry of the time-limit. He maintains that "he was never told of the time limits in the rules. Though that plea might succeed in exceptional cases, it cannot in this one, since the complainant was given a copy of the Staff Regulations and Staff Rules on conclusion of the contract of appointment."
internal appeal; time limit; duty to inform; staff regulations and rules
Consideration 9, Summary
In the instant case the Tribunal will allow the organization's notification by telex of a decision adversely affecting the official.
decision; formal requirements