Judgment No. 4812
Decision
The complaint is dismissed.
Summary
The complainant requests moral and material damages for the harm she allegedly suffered as a result of her supervisor’s behaviour and the unduly extended length of time of the investigation.
Judgment keywords
Keywords
summary procedure; complaint dismissed
Considerations 7-8
Extract:
Article VII, paragraph 3, of the Tribunal’s Statute relevantly provides that “[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, the person concerned may have recourse to the Tribunal and her or his complaint shall be receivable in the same manner as a complaint against a final decision”.
In the present case, […] the complainant’s claim to be granted redress for the actions of her supervisor and the time taken to complete the investigation was rejected by a decision of 9 November 2021, which then became the subject of her internal appeal. Thus, although there may have been some delay on the part of the Director-General in taking the final decision on that appeal, she is obviously not in the situation contemplated by Article VII, paragraph 3, of the Tribunal’s Statute.
Keywords
implied decision; direct appeal to tribunal; summary procedure; failure to exhaust internal remedies
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