Judgment No. 575
Decision
THE COMPLAINT IS DISMISSED.
Consideration 2
Extract:
"According to Article VII[1] of the Statute of the Tribunal a complaint will not be receivable unless the means of redress provided by the Staff Regulations have been exhausted. To fulfil this condition it is not sufficient to address an appeal to the internal appeal bodies; the internal appeal must be submitted in time." In this case, the prescribed time limit was not respected. "Accordingly, the internal appeals procedure was not correctly followed, and the [...] complaint is irreceivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords
receivability of the complaint; internal appeal; internal remedies exhausted; time limit; time bar
Consideration 2
Extract:
"No doubt the complainant did not notice until March 1982 the inequality of treatment which she pleads. But according to [...] the Service Regulations the [three-month] time limit for filing the appeal in this case began at the date on which the impugned decision was notified to her [July 1981], not at the later date on which she became aware of the alleged inequality."
Keywords
decision; receivability of the complaint; date of notification; start of time limit
Summary
Extract:
The complaint is declared irreceivable, the internal means of redress not having been exhausted. The appeal was submitted to the President after the time-limit laid down in the Regulations had run out. It is immaterial that the Appeals Committee considered the complainant's case on the merits; its opinion does not prevent the Tribunal from observing that the time limit was not respected.
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords
receivability of the complaint; internal appeals body; internal appeal; mistaken hearing of merits; time bar
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