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Judgment No. 1080

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 6

Extract:

The complainants object that the terminal entitlements Interpol granted them under the Staff Rules and Regulations were "paltry". "Even if there are rules the Tribunal may still check that the organisation has kept to the general principles that govern the international civil service, one of them being its duty to treat its staff considerately. As has been said before, an organisation must act from reasonable motives and not cause its staff unnecessary or undue prejudice."

Keywords

international civil service principles; organisation's duties; staff regulations and rules; enforcement; terminal entitlements; judicial review

Consideration 8

Extract:

The complainants object to the amount of their terminal entitlements and point out that another official got a much higher amount through an error made by the organization. "The unlawful handling of one case does not entitle the complainants to the same unlawful treatment."

Keywords

exception; amount; equal treatment; terminal entitlements; flaw

Considerations 12 and 13

Extract:

In the complainants' view, the amount of their terminal entitlements was too low when compared to what other international organisations give, and they contend that the provisions of French social legislation apply to them. The Tribunal observes that Interpol is an independent international organisation and that there is no evidence of the organization's having agreed to apply French law.

Keywords

amount; applicable law; domestic law; rule of another organisation; terminal entitlements

Consideration 7

Extract:

Challenging the amount of the termination indemnity they received, the complainants rely on a practice Interpol followed before the Staff Regulations came into effect. Their plea fails. "Whatever arrangements may have been made before the Regulations came into force, they were neither so constant nor even so consistent as to afford evidence of the existence of any general rule."

Keywords

amount; practice; terminal entitlements; condition

Summary

Extract:

Vide Judgment 1126, summary.

Reference(s)

Organization rules reference: ARTICLE 61.5 OF THE INTERPOL STAFF RULES
ILOAT Judgment(s): 1126

Keywords

amount; staff regulations and rules; enforcement; provision; terminal entitlements; discretion; condition



 
Last updated: 12.11.2018 ^ top