Judgment No. 1106
THE COMPLAINT IS DISMISSED.
"According to Article VII(2) of the Tribunal's Statute a complaint will not be receivable unless filed within ninety days of the date of notification of the impugned decision, and Article 6(3) of the Rules of Court says that the 'date of despatch' of the complaint shall alone be taken into account." The complainant got notification of the impugned decision on 7 March 1990. Having waited until 6 June 1990 to post his complaint, he ran over the time limit by one day: the complaint is time-barred.
ILOAT reference: ARTICLE VII(2) OF THE STATUTE;
ARTICLE 6(3) OF THE RULES
decision; receivability of the complaint; time limit; date of notification; start of time limit; time bar; iloat statute
Time limits are a matter of objective fact. "If that were not so - whatever considerations of equity there might be - there could be no certainty in legal relations between the parties, and such certainty is the whole point and purpose of the time bar. An exception might be allowed only if the organization had acted in bad faith and misled the official. But in this case the organization did not."
complaint; receivability of the complaint; time limit; exception; start of time limit; time bar; good faith