Judgment No. 4125
The complaint is dismissed.
The complainant alleges that UNESCO disclosed confidential information concerning him to the press without his authorization.
summary procedure; former official; complaint dismissed
The complainant appears to believe that, because as a former official he does not have access to the internal appeal mechanism, he is entitled to come directly before the Tribunal in order to assert a claim against his former employer without having first sought a decision on the matter from UNESCO. The complainant is mistaken. The provisions of Article VII of the Statute of the Tribunal make it clear that a complaint must be directed against a decision of the defendant organisation, whether express or implied. This requirement applies equally to serving and former officials, notwithstanding that the latter may be excluded by the staff regulations from pursuing internal appeals, as is the case in UNESCO. Indeed, it is obvious that the organisation must be given an opportunity to address the claims and allegations of a former official before being compelled to participate in judicial proceedings.
direct appeal to tribunal; internal remedies exhausted; impugned decision; former official