Judgment No. 723
THE COMPLAINT IS DISMISSED.
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.
complaint; decision; receivability of the complaint; date of notification; time bar; evidence; burden of proof; lack of evidence
"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."
transfer; increment withheld; performance report; rating; unsatisfactory service; judicial review; discretion