Judgment No. 3398

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 11.02.2015
• Original: French
• Judges: Barbagallo, Rouiller, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. The complaint is dismissed.
2. The Organization is invited to comply with consideration 7.

Summary

The complainant unsuccessfully impugns the decision to terminate his appointment on disciplinary grounds.

Judgment keywords

Keywords

direct appeal to tribunal; complaint dismissed

Consideration 1

Extract:

"Under Article VII, paragraph 1, of the Statute of the Tribunal, a complaint shall not be receivable unless the decision impugned is a final decision and the person concerned has exhausted such other means of resisting it as are open to him under the applicable Staff Regulations. The only exception allowed to this rule is where staff regulations provide that decisions taken by the executive head of an organisation are not subject to the internal appeal procedure, where for specific reasons connected with the personal status of the complainant he or she does not have access to the internal appeal body, where there is an inordinate and inexcusable delay in the internal appeal procedure, or, lastly, where the parties have mutually agreed to forgo this requirement that internal means of redress must have been exhausted (see, in particular, Judgment 2912, under 6)."

Reference(s)

ILOAT Judgment(s): 2912

Keywords

direct appeal to tribunal