Judgment No. 327
Decision
THE COMPLAINT IS DISMISSED.
Consideration 1
Extract:
A complainant may properly contend that the internal appeals bodies wrongly refused to hear an appeal submitted to them and that the complaint lodged with the Tribunal is therefore receivable. An organisation may correctly argue that those bodies acted improperly in ruling on the merits of an appeal and that the complaint is therefore irreceivable. "In ruling on such contentions the Tribunal does not [...] admit the receivability of the complaint itself but merely settles a preliminary point on which the receivability of the complaint depends."
Keywords
complaint; receivability of the complaint; internal appeals body; internal appeal; mistaken hearing of merits; consequence
Consideration 3
Extract:
Up to a certain date, the complainant was employed as a contractual employee. She then became an official subject to the Staff Regulations. The second appointment was not simply an extension of the first, but must be considered "a quite separate, fixed-term appointment. In other words, she was not dismissed: her appointment was not extended."
Keywords
status of complainant; amendment to the rules; contract; extension of contract; effect
Consideration 1
Extract:
Under Article VII, paragraph 1, of the Statute of the Tribunal "the Tribunal [...] has to consider whether a complainant correctly followed the internal procedure which was open to him."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords
receivability of the complaint; internal remedies exhausted; competence of tribunal; judicial review
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