Judgment No. 4672

• Organization: Universal Postal Union (UPU)
• Date: 07.07.2023
• Original: English
• Judges: Moore, De Nictolis, Shen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the title of his post following his reinstatement.

Judgment keywords

Keywords

title of post; reinstatement; administrative decision; complaint dismissed

Consideration 1

Extract:

The complainant requests that oral proceedings be held. However, the Tribunal is satisfied that the parties have presented sufficiently extensive and detailed submissions and documents to allow the Tribunal to decide the matter without recourse to oral proceedings. That application is therefore dismissed.

Keywords

oral proceedings

Consideration 4

Extract:

The Tribunal’s jurisdiction centres on whether there has been a reviewable administrative decision which, in turn, implies any act by an officer of an organisation which has a legal effect (see Judgments 4499, consideration 8, 3141, consideration 21, and 532, consideration 3).

Reference(s)

ILOAT Judgment(s): 532, 3141, 4499

Keywords

administrative decision

Consideration 8

Extract:

The refusal to meet the complainant’s request in the letter of 18 July 2019 had no legal effect on the complainant. As neither the impugned decision nor the decision of 12 September 2019 had a legal effect on the complainant, there was no challengeable administrative decision in this case. Accordingly, the complaint is irreceivable and should be dismissed.

Keywords

receivability of the complaint; administrative decision