Judgment No. 158
Decision
THE COMPLAINT IS DISMISSED.
Consideration 1
Extract:
The Headquarters appeals body found several irregularities in the procedure followed by the regional appeals body. These irregularities "do not affect the validity of the decision impugned which was taken by the Director-General on the completion of a regular form of procedure after exercising powers of investigation as broad as those of the Regional Director on the advice of a body which, like the Regional Board, had a joint composition.
Keywords
procedure before the tribunal; lack of injury; field; internal appeals body; internal appeal; judicial review; flaw
Consideration 2
Extract:
"[A]s his resignation was validly accepted, [the complainant's] claims for reinstatement and for damages in default of reinstatement are equally unfounded."
Keywords
reinstatement; resignation; acceptance; refusal
Consideration 4
Extract:
In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."
Keywords
complainant; internal appeals body; advisory body; competence; recommendation; tribunal; competence of tribunal; enforcement; difference; request by a party
Consideration 2
Extract:
As tendered by the complainant, his resignation was not in any way conditional. "Although he complains of having received no reply to his complaints and gives the submission of an appeal as the reason for his resignation, he does not indicate that the cessation of his service is intended to continue only for the duration of the appeals procedure." By accepting the complainant's resignation, the Director took a decision which was in no way contrary to the applicable rules.
Keywords
grounds; resignation; acceptance; condition
Consideration 3
Extract:
"Although the complainant's services terminated [...] as a result of his resignation, he was still entitled to challenge his grading during an earlier period."
Keywords
complaint; receivability of the complaint; cause of action; post classification; separation from service; resignation
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