Judgment No. 4661
Decision
The complaint is dismissed.
Summary
The complainant seeks reimbursement for medical expenses and challenges overall the insurance policy.
Judgment keywords
Keywords
receivability of the complaint; internal remedies not exhausted; complaint dismissed
Consideration 1
Extract:
Under the Tribunal’s settled case law, the provisions of Article VII, paragraph 3, must be read in the light of paragraph 1 of that Article and are not applicable unless, as required under paragraph 1, the official concerned has first exhausted the internal remedies available to her or him (see Judgments 4517, consideration 4, and 2631, considerations 3 to 5).
Reference(s)
ILOAT Judgment(s): 2631, 4517
Keywords
receivability of the complaint; internal remedies not exhausted
Consideration 2
Extract:
Even though the complainant had requested authorization to appeal the decision directly to the Tribunal, this request was rejected by the Secretary General […]. She has failed to provide the Tribunal with evidence that she was otherwise exempted from the obligation to exhaust internal procedures in compliance with Rule 13.4.1, paragraph 1, quoted in consideration 1. It is firm case law that a staff member is not allowed, on her or his own initiative, to evade the requirement that internal means of redress must be exhausted before a complaint is filed with the Tribunal (see Judgments 4443, consideration 11, and 3458, consideration 7).
Reference(s)
ILOAT Judgment(s): 3458, 4443
Keywords
waiver of internal appeal procedure; internal remedies not exhausted
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