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Judgment No. 4573

Decision

The complaint is dismissed.

Summary

The complainant impugns the decision to reject as time-barred his request for review contesting deductions made from his remuneration in February 2013 and November 2014 for, respectively, pension contributions and the dependents and education allowances.

Judgment keywords

Keywords

summary procedure; late appeal; internal remedies not exhausted; complaint dismissed

Consideration 3

Extract:

Pursuant to the provisions of Article VII, paragraph 1, of the Statute of the Tribunal and in accordance with the Tribunalís case law, the complaint is irreceivable for failure to exhaust the internal means of redress available to staff members of the Organisation, which cannot be deemed to have been exhausted unless recourse has been had to them in compliance with the formal requirements and within the prescribed time limit (see, for example, Judgments 4160, consideration 13, 4103, consideration 1, 4101, consideration 3, 2888, consideration 9, as well as Judgments 2010, 2326 and 2708 referred to therein).

Reference(s)

ILOAT Judgment(s): 2888, 4101, 4103, 4160

Keywords

late appeal; internal remedies not exhausted

Consideration 4

Extract:

The complainant argues that he could not challenge the [Ö] deductions before becoming aware of Article 88 of the Service Regulations, which, according to him, is relevant to his case. This type of argument has consistently been rejected by the Tribunal: a staff member is presumed to be aware of the organisationís rules and regulations to which she or he is subject (see, for example, Judgments 4247, consideration 6, and 2962, consideration 13, cited therein).

Reference(s)

ILOAT Judgment(s): 2962, 4247

Keywords

ignorance of the rules; duty to know the rules



 
Last updated: 08.08.2022 ^ top