Judgment No. 723

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 17.03.1986
• Original: Français
• Judges: Grisel, Ducoux, Razafindralambo
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 4

Extract:

The Tribunal applies the general rule on the burden of proof which requires the sender to establish the date on which a communication was received. as the organization has no evidence of the actual date of receipt of the decision, the Tribunal will accept what is said by the complainant. The complaint is therefore not time-barred.

Keywords

complaint; decision; receivability of the complaint; date of notification; time bar; evidence; burden of proof; lack of evidence

Consideration 6

Extract:

"The Director-General's implied endorsement of the performance report, his postponement of the increment and the transfer are all discretionary decisions and, moreover, ones that fall within an area in which the Tribunal will not ordinarily interfere."

Keywords

transfer; increment withheld; performance report; rating; unsatisfactory service; judicial review; discretion