Judgment No. 1611

• Organization: International Labour Organization (ILO)
• Date: 30.01.1997
• Original: English
• Judges: Fernando, Douglas, Carroll
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 14

Extract:

"It was open to the complainant to withdraw the obviously premature complaint [...] and lodge a new one which complied with the time limit in Article VII(3) [of the Tribunal's Statute]. What his counsel supplied [...] was no new complaint but merely a version of the original one corrected in compliance with the Registrar's instructions. So for the purpose of a ruling on his observance of the time limit his complaint is still the [the original one]." The claim in that complaint being therefore premature, it is for that reason irreceivable too.

Reference(s)

ILOAT reference: ARTICLE VII(3) OF THE STATUTE

Keywords

complaint; absence of final decision; implied decision; failure to answer claim; receivability of the complaint; time limit; correction of complaint; iloat statute