Judgment No. 4056

• Organization: International Organization for Migration (IOM)
• 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, who was summarily dismissed by IOM, impugns a decision of the Regional Director concerning her request for review, which he considered time-barred.

Judgment keywords

Keywords

summary procedure; complaint dismissed

Consideration 5

Extract:

A staff member of an international organisation cannot of her or his own initiative evade the requirement that internal remedies must be exhausted prior to filing a complaint with the Tribunal (see Judgment 3458, consideration 7, as well as Judgments 3190, under 9, and 2811, under 10 and 11, and the case law cited therein). As the complainant failed to lodge an appeal, she impugns before the Tribunal a decision which cannot be considered as a final decision within the meaning of Article VII, paragraph 1, of the Tribunal’s Statute. 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
ILOAT Judgment(s): 2811, 3190, 3458

Keywords

direct appeal to tribunal; failure to exhaust internal remedies