Judgment No. 1104
THE COMPLAINT IS DISMISSED.
"The Tribunal is not competent under its Statute to rule on the lawfulness of a report or recommendation by an advisory body."
internal appeals body; advisory body; recommendation; report; competence of tribunal
The complainant having refused to undergo examination by a medical expert to determine whether he was fit for shift work, the organization ordered him to undergo examination or incur the risk of disciplinary sanction. The appeals body took the same view and the Director-General endorsed its recommendation. That is the decision under challenge. CERN submits that the complaint shows no cause of action because the impugned decision does not directly affect the complainant. Though merely preparatory decisions are not ordinarily actionable, the Tribunal treats this case as an exception: the complainant has been issued a warning which in itself causes him injury.
provisional decision; injury; receivability of the complaint; cause of action
The complainant was asked to report to an expert medical examination to examine his fitness for shift work. He objects to questions the organization put to the expert. Though the complaint is receivable, the Tribunal dismisses it on the merits since the material questions were relevant to the dispute and did not deprive the complainant of any safeguard. Once the medical expert has reported and the administrative decision been taken, the complainant may submit a further complaint bearing on the dispute as a whole.
procedure before the tribunal; receivability of the complaint; expert inquiry; organisation's duties; medical examination; incapacity; medical fitness; safeguard