Judgment No. 3749

• Organization: Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund)
• Date: 08.02.2017
• Original: Français
• Judges: Rouiller, Frydman, Diakité
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant seeks reimbursement of additional income tax paid by her husband.

Judgment keywords

Keywords

tax; complaint dismissed

Consideration 2

Extract:

Article VII, paragraph 1, of the Statute of the Tribunal provides that a complaint is not receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of redress as are open to her or him under the applicable Staff Regulations. In accordance with the Tribunal’s case law, to satisfy this requirement the complainant must not only follow the prescribed internal procedure for appeal but must follow it properly and in particular observe any time limit that may be set for the purpose of that procedure (see, for example, Judgment 3296, under 10).

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute
Jugement(s) TAOIT: 3296

Keywords

internal appeal

Consideration 5

Extract:

[A]ccording to the Tribunal’s case law, an administrative decision may take any form if its existence may be inferred from a factual context demonstrating that it was indeed taken by an officer of the organisation, as is the case here (see, in particular Judgments 2573, under 8, 2629, under 6, and 3141, under 21).

Reference(s)

Jugement(s) TAOIT: 2573, 2629, 3141

Keywords

decision; receivability of the complaint; definition; administrative decision