Judgment No. 3894
Decision
The complaint is dismissed.
Summary
The complainant considers that there has been an implied decision to reject his internal appeal and he bases his complaint on Article VII, paragraph 3, of the Tribunal’s Statute.
Judgment keywords
Keywords
direct appeal to tribunal; internal remedies exhausted; summary procedure; complaint dismissed
Consideration 3
Extract:
The Tribunal’s case law makes it clear that where the Administration takes any action to deal with a claim, by forwarding it to the competent authority for example, this step in itself constitutes a “decision upon [the] claim” within the meaning of Article VII, paragraph 3, of the Statute, which forestalls an implied rejection that could be referred to the Tribunal (see, for example, Judgments 3428, consideration 18, and 3146, consideration 12). Given that the complainant’s appeal has been referred to the Appeals Committee, he cannot rely on Article VII, paragraph 3, of the Statute in order to file a complaint with the Tribunal on the assumption that his appeal has been implicitly rejected.
Reference(s)
ILOAT reference: Article VII, paragraph 3, of the Statute
ILOAT Judgment(s): 3146, 3428
Keywords
direct appeal to tribunal
Consideration 4
Extract:
Although the amount of time that the EPO has taken to process an internal appeal concerning a suspension from service appears, prima facie, to be excessively long, the Tribunal notes that the public delivery on 30 November 2016 of Judgment 3785, dealing with the composition of the Appeals Committee, may well account for the fact that the complainant did not receive a final decision at the end of 2016. Indeed, given the finding of the Tribunal that the Appeals Committee was not composed in accordance with the applicable rules, the President of the Office could not have based his final decision on the opinion of the Appeals Committee in relation to the complainant’s internal appeal.
Keywords
delay in internal procedure
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