Judgment No. 533
THE COMPLAINT IS DISMISSED.
"Before coming to the Tribunal again the complainant should await the Appeals Committee's report and the President's final decision. But he need not wait indefinitely. He may appeal directly to the Tribunal if one of two conditions is fulfilled: if the appeals body fails to report and there are grounds for believing that it will not do so within a reasonable lapse of time; or else if the President fails to take a final decision within sixty days of receiving the Appeals Body's report."
absence of final decision; failure to answer claim; direct appeal to tribunal; internal remedies exhausted; exception; reasonable time
To infer a decision to dismiss where no final decision has been taken within the sixty days would greatly broaden the scope of Article VII, paragraph 3, particularly when the internal appeals body has no set time limits. "In such case Article VII, which is presumably to be treated as covering the exception, would in fact become the rule. Moreover, to broaden the scope of paragraph 3 would unduly restrict that of paragraph 1, which requires the complainant to exhaust the internal means of redress."
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
absence of final decision; implied decision; failure to answer claim; internal remedies exhausted; time limit; exception; iloat statute; provision
The complainant had filed an internal appeal. He could have appealed against an implied decision to dismiss his claim, since the only communication which he had received was wholly informative and without legal effect. He then asked for confirmation of the rejection. The President's reply did constitute an express decision, the appeal was passed on to an advisory body. At that point, the complaint becomes irreceivable. There is no longer an implied decision to challenge, and the internal means of redress have not been exhausted.
absence of final decision; express decision; implied decision; internal appeal; internal remedies exhausted