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Judgment No. 2939

Decision

The complaints are dismissed.

Consideration 9

Extract:

"Article VII, paragraph 1, of the Statute of the Tribunal provides that a complaint is not receivable unless the internal means of redress have been exhausted. Although the Statute does not expressly allow for any exception to this requirement, the Tribunal's case law is clear that 'where the pursuit of the internal remedies is unreasonably delayed the requirement of Article VII, paragraph 1, will have been met if, though doing everything that can be expected to get the matter concluded, the complainant can show that the internal appeal proceedings are unlikely to end within a reasonable time' [...]."

Reference(s)

ILOAT reference: Article II, paragraph 1, of the Statute
Jugement(s) TAOIT: 1829, 2039

Keywords

receivability of the complaint; direct appeal to tribunal; internal remedies exhausted; reasonable time; iloat statute

Consideration 11

Extract:

"[T]he complainants ought to have established that their internal appeal had, in fact, been unduly delayed. Instead of so doing, however, the complainants unilaterally ascertained what in their view would constitute unreasonable delay at the time they filed their appeal. [T]hey did not communicate with the Internal Appeals Committee for the purpose of having the appeal expedited and neither did they make any enquiries to ascertain when the Office's first response would be filed."

Keywords

receivability of the complaint; internal appeal; internal remedies exhausted; delay



 
Dernière mise à jour: 18.05.2020 ^ haut