Judgment No. 4813
Decision
The complaint is dismissed.
Summary
The complainant, a former staff member of Interpol whose fixed-term appointment was terminated during the probationary period due to unsatisfactory performance, asks the Tribunal to order his reinstatement or to award him compensation.
Judgment keywords
Keywords
summary procedure; complaint dismissed
Considerations 3 & 5
Extract:
It is firmly established in the Tribunal’s case law that, in order to comply with Article VII, paragraph 1, of the Statute of the Tribunal, which provides that a complaint is not 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, the complainant must follow the available internal appeal procedures (see, for example, Judgments 4634, consideration 2, 3749, consideration 2, and 3296, consideration 10). The case law further states that a staff member of an international organisation cannot of her or his own initiative evade the requirement that internal remedies must be exhausted prior to filing a complaint with the Tribunal (see Judgments 4056, consideration 4, 3458, consideration 7, 3190, consideration 9, and 2811, considerations 10 and 11, and the case law cited therein).
[…]
In the present case, […] the complainant’s request for review was rejected by a decision of 6 October 2022, which then became the subject of his internal appeal. The complainant filed the present complaint on 15 July 2023, prior to the completion of the [Joint Appeals Committee]’s proceedings and, hence, while his appeal was still pending. Thus, the 6 October 2022 decision is not a final decision within the meaning of Article VII, paragraph 1, of the Tribunal’s Statute as the internal means of redress have not been exhausted. The decision to terminate the complainant’s appointment could only be challenged in the context of a complaint directed against the final decision taken by the Secretary General following the delivery of the [Joint Appeals Committee]’s consultative opinion.
Reference(s)
Jugement(s) TAOIT: 2811, 3190, 3296, 3458, 3749, 4056, 4634
Keywords
direct appeal to tribunal; summary procedure; failure to exhaust internal remedies
|
