Judgment No. 456
THE COMPLAINT IS DISMISSED.
"Under the general rules on the burden of proof it is for the sender to establish the date on which a communication was received. If he sends a letter by registered post or an official notice of acknowledgement for completion by the addressee he can easily furnish the proof. If he sends it by ordinary mail he may be unable to do so, and then, for want of evidence as to the actual date of receipt, the Tribunal will accept what is said by the addressee."
decision; date of notification; evidence; burden of proof; lack of evidence
The ninety-day time limit set in Article VII, paragraph 2, of the Statute of the Tribunal will run from the date of expiry of the sixty-day time limit set in paragraph 3. The text of Article VII, paragraph 3, expressly provides for the addition of the two time limits and thus renders irreceivable any complaint filed after the expiry of the 150 days.
ILOAT reference: ARTICLE VII, PARAGRAPHS 2 AND 3, OF THE STATUTE
internal appeal; internal remedies exhausted; time limit; start of time limit; iloat statute
The purpose of Article VII, paragraph 3, of the Statute of the Tribunal is two-fold: a) to enable an official to defend his interests by going to the Tribunal when the administration has failed to take a decision; b) to prevent a dispute from dragging on indefinitely and from coming before the Tribunal at a time when the material facts have altered or can no longer be determined with certainty.
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
failure to answer claim; direct appeal to tribunal; iloat statute; provision; purpose