Judgment No. 4054

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 26.06.2018
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant impugns the decision to dismiss her appeal against the decision to terminate her assignment to the position of Senior Evaluation Officer.

Judgment keywords

Keywords

summary procedure; complaint dismissed

Consideration 4

Extract:

Pursuant to Article VII, paragraph 1, of the Tribunal’s Statute, a complaint is not receivable unless the complainant has exhausted the internal means of redress. As the Tribunal stated in Judgment 3903, consideration 6, “[t]his means that a complaint will not be receivable if the underlying internal appeal was irreceivable (see Judgment 3758, consideration 10)”. As noted above, the complainant’s internal appeal was time-barred. Her complaint is therefore irreceivable as she did not exhaust the internal means of redress which were open to her under the FAO’s internal regulations as Article VII, paragraph 1, of the Tribunal’s Statute requires. Accordingly, the complaint is clearly irreceivable and must be summarily dismissed in accordance with the procedure set out in Article 7 of the Rules of the Tribunal.

Reference(s)

ILOAT reference: Article 7 of the Rules; Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3758, 3903

Keywords

failure to exhaust internal remedies; late appeal