Ģ��ƵDT/2010/159

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The judge must raise on his/her own motion the issue of receivability of an application and in particular verify whether the requirements of former staff rule 111.2 (a) have been complied with since the request for review of an administrative decision is a mandatory prerequisite for filing an appeal before the Ģ��Ƶ Dispute Tribunal. The absence of the request for review leads to the irreceivability of the application (see judgments Ģ��ƵDT/2010/158, Osman; Ģ��ƵDT/2009/070, Planas; Ģ��ƵDT/2009/054, Nwuke; Ģ��ƵDT/2009/035, Caldarone). The Tribunal��s competence is limited, pursuant to art. 2.1 (a) of the Ģ��ƵDT Statute, to reviewing the legality of an ��administrative decision��. Hence, the applicant��s request for compensation for damages suffered due to harassment and discrimination is also irreceivable since she does not contest an express or implicit administrative decision.

Decision Contested or Judgment/Order Appealed

The applicant seeks compensation for damage suffered as a result, first, of the harassment she endured for 10 years, secondly, the placement of adverse material in her file and, finally, her non-selection for positions for which she claims she was qualified.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Ibekwe

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement