Judgment No. 4775

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 31.01.2024
• Original: English
• Judges: Moore, De Nictolis, Shen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to “terminate [her] contract after [her] resignation”.

Judgment keywords

Keywords

direct appeal to tribunal; internal appeal; former official; failure to exhaust internal remedies; internal procedure; internal remedies not exhausted; complaint dismissed

Consideration 4

Extract:

While Article VII, paragraph 3, of the Tribunal’s Statute, allows for direct recourse to the Tribunal “[w]here the Administration fails to take a decision upon any claim of an official within sixty days from the notification of the claim to it”, this paragraph must be read in conjunction with paragraph 1 of Article VII. According to 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 redress as are open to her or him under the applicable Staff Regulations”. It follows that the Tribunal cannot hear a complaint against an implicit decision to reject a claim unless the complainant has exhausted all available internal remedies (see Judgments 4517, consideration 4, and 2631, consideration 3).

Reference(s)

ILOAT Judgment(s): 2631, 4517

Keywords

implied decision; direct appeal to tribunal; failure to exhaust internal remedies; internal remedies not exhausted

Consideration 8

Extract:

FAO Manual paragraph 331.4, entitled ‘Appeals by Former Staff Members’, provides that former staff members shall have access to the appeals procedure. FAO Manual paragraph 331.4.1 specifically states that “[f]ormer staff members [...] may lodge an appeal in accordance with the provisions of this Manual Section subject to Manual [paragraphs] 331.4.2 and 331.4.3”.

Keywords

internal appeal; former official; failure to exhaust internal remedies; internal procedure; internal remedies not exhausted

Consideration 8

Extract:

[A]s the Tribunal’s case law has long emphasised, “every international civil servant is expected to know the rules and regulations to which [she or] he is subject” (see, for example, Judgments 4324, consideration 11, and 2962, consideration 13). The complainant cannot blame the FAO for her failure to familiarize herself with the Organization’s Administrative Manual.

Reference(s)

ILOAT Judgment(s): 2962, 4324

Keywords

duty to be informed; duty to know the rules