Judgment No. 2187
Decision
The complaint is dismissed.
Consideration 6
Extract:
The Tribunal cannot endorse the complainant's view: an employee whose name does not appear on a list of promoted staff members is naturally entitled to challenge the implied decision to exclude him or her from that list. To grant employees the possibility of contesting such decisions without limit of time would mean, in effect, that decisions communicated to staff in accordance with Article 31 of the Service Regulations and published in an official document, not only with a view to informing employees of their promotion but also so as to enable those who consider themselves to have been wrongly excluded from the list to exercise their rights, could be challenged indefinitely.
The appeal filed by the complainant on 16 June 2000, which concerned only the refusal to grant a promotion for 1999, was filed after the three-month deadline stipulated in Article 108(2) of the Service Regulations. The complainant raises arguments which may excuse her delay in appealing to the competent authority, and which the Organisation ought to have taken into account on the grounds of equity; but the Tribunal, though sympathetic to these considerations, does not consider them to provide sufficient grounds for rejecting the plea of irreceivability entered by the Organisation.
Keywords
implied decision; promotion
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