Administration and Human Resources shall be kept informed and consulted
at all stages.”
“If these regular informal management methods are still not found to be
satisfactory then formal mechanisms shall be put into place.
In all
circumstances, the final court of appeal shall be the Community Court of
Justice. Staff members may only appeal their case to Council once they have
demonstrated that they have first made diligent and good faith efforts to seek
resolution through all the other steps listed.”
132. In the instant case, the Applicants allege and demonstrate by documents
that they made use of internal remedies by means of letters addressed to the
hierarchical authorities, namely the Administration and Finance Committee,
the Auditor General, the President of the ad hoc Commission, the President
of the Court of Justice and the President of the Commission, (See Exhibits
X and Y) complaining about the non-payment of their dues.
133. The failure to demonstrate any response to these communications is, in
this case, irrelevant, and the Court therefore considers that the Applicants
have exhausted the internal administrative remedies, provided for in Article
73 of the Staff Regulations, and the requirements authorizing them to have
access to this Court are met, and the cause is admissible.
X - MERITS
134. On the burden of proof:
135. It must be observed that the general principle of proof imposes the
burden of proof on the party making the claims.
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