Judgment No. 4896
Decision
The complaint is dismissed.
Summary
The complainant challenges his appraisal report for 2018.
Judgment keywords
Keywords
receivability of the complaint; performance report; rating; complaint dismissed
Considerations 3 and 5
Extract:
According to Article VII, paragraph 2, of the Statute of the Tribunal, “[t]o be receivable, a complaint must [...] have been filed within ninety days after the complainant was notified of the decision impugned”.
The Tribunal has consistently held that the period of time set forth by the Statute begins to run on the day following the date of notification of the impugned decision, but where the ninetieth day falls on a public holiday, the period is extended until the next business day (see, for example, Judgments 3801, consideration 3, 3708, consideration 3, 3630, consideration 3, or 2250, consideration 8).
[...]
The period provided for in Article VII, paragraph 2, of the Statute begins to run, as already stated, on the day following the date of notification of the impugned decision, meaning that its point of commencement is taken as the beginning of that day. The first day to be counted is therefore the day immediately following the day of notification – namely, in the present case, 19 December 2019 – and not the day after that (see, in particular, Judgments 4441, considerations 1 and 3, 4272, considerations 2 and 4, 3973, considerations 2 and 4, 3801, considerations 2 and 4, 3708, considerations 2 and 4, or 3630, considerations 2 and 4).
Reference(s)
ILOAT Judgment(s): 2250, 3630, 3630, 3708, 3708, 3801, 3801, 3973, 4272, 4441
Keywords
receivability of the complaint; time limit; start of time limit; time bar
Consideration 6
Extract:
As the Tribunal has repeatedly stated, time limits are an objective matter of fact and it should not rule on the lawfulness of a decision which has become final, because any other conclusion, even if founded on considerations of equity, would impair the necessary stability of the parties’ legal relations, which is the very justification for a time bar (see, for example, Judgments 4374, consideration 7, 4160, consideration 9, 3828, consideration 7, 3406, consideration 12, or3002, consideration 13).
Reference(s)
ILOAT Judgment(s): 3002, 3406, 3828, 4160, 4374
Keywords
time limit; time bar; late appeal
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