Judgment No. 225

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 06.05.1974
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations 2-3

Extract:

Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."

Keywords

receivability of the complaint; direct appeal to tribunal; internal remedies exhausted; competence of tribunal; exception; discretion; executive head; acceptance