Judgment No. 458

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 14.05.1981
• Original: Français
• Judges: Grisel, Devlin, Armbruster
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Considerations 3-4

Extract:

The complainant sought the Director-General's approval, required under the material provisions, for him to to appeal directly to the Tribunal. Having received no reply within the time limit he had given, the complainant considered that the organization's silence was to be taken as consent. But the Director-General was not bound to answer the complainant by the deadline he had arbitrarily set. Furthermore, he did not ask for the Director-General's agreement until after the expiry of the time limit for addressing an appeal: he should therefore have expected a refusal. The complaint is clearly irreceivable.

Keywords

failure to answer claim; direct appeal to tribunal; time limit; staff regulations and rules; provision; executive head; acceptance; request by a party