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Complaint not corrected (738,-666)
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Keywords: Complaint not corrected
Total judgments found: 2
Judgment 5028
140th Session, 2025
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her for misconduct.
Judgment keywords
Keywords:
complaint dismissed; complaint not corrected; correction of complaint; summary procedure;
Consideration 10
Extract:
The sequence of events [...] shows that, despite the numerous time limit extensions that were exceptionally granted to her by the President, the complainant’s counsel failed to correct the complaint in accordance with the clear instructions given to her by the Registry. The legal consequence of that failure is that the complaint, which does not meet the requirements of Article 6 of the Rules of the Tribunal and Annex 1 to those Rules, is clearly irreceivable and must be summarily dismissed in accordance with the procedure set out in Article 7 of those same Rules (see, for example, Judgments 3716, consideration 4, 3710, consideration 3, and 3632, consideration 4).
Reference(s)
ILOAT Judgment(s): 3632, 3710, 3716
Keywords:
complaint not corrected; correction of complaint; receivability of the complaint;
Judgment 3856
124th Session, 2017
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to downgrade her position.
Considerations 3-4
Extract:
The Tribunal notes that Article VII of its Statute requires complainants or, if appropriate, their counsel and/or their representatives to identify in the complaint form the decision which they are impugning. In the instant case, the complainant has not identified the impugned decision in the complaint form, which she was asked to correct by the Registry under Article 6 of the Rules of the Tribunal. This failure to identify the decision perforce renders the complaint irreceivable in accordance with the aforementioned Article VII of the Statute of the Tribunal.
Reference(s)
ILOAT reference: Article VII of the Statute; Article 6 of the Rules
Keywords:
complaint not corrected;
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