Judgment No. 576
THE COMPLAINT IS DISMISSED.
When the complainant received the personal report, he did not add his own comments. He by-passed the largely informal discussion stage by prematurely filing a notice of appeal. "He thereby interrupted the procedure for preparation of the final text, and only that text constitutes a decision. [He] did no more than challenge a preliminary act, and his present claim to have it set aside is irreceivable."
procedure before the tribunal; absence of final decision; internal appeal; internal remedies exhausted; performance report; rebuttal
The only point in favour of the complainant's claim [he says that he was transferred because of his trade union activities] is the suddenness of the decision, which came only a few days after he had attended meetings as a staff representative. "But the coincidence does not suffice to establish any misuse of authority. The circumstances of his [transfer] may be regrettable, but they have no effect on the lawfulness of the decision."
lack of evidence; transfer; staff union activity; misuse of authority; abuse of power