Judgment No. 3397
1. The complaint is dismissed.
2. The Organization shall proceed as indicated under consideration 7.
The complainant, who had an accident recognized as work-related, unsuccessfully impugns the decision not to grant her appropriate compensation for the physical pain she suffered as a result of the accident.
service-incurred; complaint dismissed
Under Article VII, paragraph 1, of the Statute of the Tribunal, a complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations. The only exception allowed to this rule is where staff regulations provide that decisions taken by the executive head of an organisation are not subject to the internal appeal procedure, where for specific reasons connected with the personal status of the complainant he or she does not have access to the internal appeal body, where there is an inordinate and inexcusable delay in the internal appeal procedure, or, lastly, where the parties have mutually agreed to forgo this requirement that internal means of redress must have been exhausted (see, in particular, Judgment 2912, under 6).
The only question which the application of this rule raises in this case is whether the complainant did in fact have access to internal means of redress after her retirement.
ILOAT reference: Article VII, paragraph 1, of the Statute
Jugement(s) TAOIT: 2912
internal remedies exhausted
Precedent has it that former officials may file a complaint directly with the Tribunal where access to the internal appeal procedure is granted only to serving officials under the Staff Rules and Staff Regulations of their organisation (see Judgments 2840, under 21, and 3074, under 13).
This case law plainly does not apply in this case. It is clear from the written submissions that the complainant filed her protest before she retired and that she thereby initiated the internal appeal procedure reserved for serving officials.
Jugement(s) TAOIT: 2840, 3074