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Judgment No. 11

Decision

THE TRIBUNAL DECLARES THE COMPLAINT TO BE RECEIVABLE, THAT IT IS COMPETENT, AND CONCERNING THE SUBSTANCE OF THE CASE, ORDERS THE DEFENDING PARTY TO PAY THE COMPLAINANT ADDITIONAL COMPENSATION EQUIVALENT TO FOUR MONTHS' SALARY. IT ORDERS THE DEFENDING PARTY TO PAY ALL COSTS.

Consideration 3

Extract:

"One of the fundamental tenets of all legal systems is that no court may refrain from giving judgement on the grounds that the law is silent or obscure."

Keywords

competence of tribunal; no provision

Consideration 2

Extract:

"From the standpoint of equity there is no ground for distinguishing between officials [...] properly so-called and persons in the category to which the complainant belongs [...] persons in the latter category have all the fundamental characteristics of officials, namely, the continuous devotion of their activities to the agency which employs them; the fact that they are under the authority of the Director-General; the fact that their conditions of service are determined by way of regulation, unilaterally and not contractually; the fact that they have access to the sickness insurance and pension funds; etc."

Keywords

complaint allowed; locus standi; status of complainant; international civil servant; competence of tribunal; definition

Consideration 1

Extract:

"The Administrative Tribunal, by virtue of the very purpose for which it was created, should be considered as governed by general legal principles (instance de droit commun) with the necessary powers to guarantee the security of employment of all officials attached to the [...] Organisation".

Keywords

international civil servant; tribunal; competence of tribunal; security of tenure

Considerations 1 and 3

Extract:

"The circumstances show that the two parties seem to agree implicitly that the national legislation of the place in which the [...] branch office [of the organisation] is situated should by analogy be applied in this case [...]. The Director-General has himself stated that this is the procedure normally followed in all the branch offices [...]. It is therefore necessary to enquire whether [national] legislation has been respected in this case and to bear in mind the opinion of the ad hoc Joint Committee".

Keywords

field; applicable law; domestic law; enforcement; no provision; analogy

Consideration 4

Extract:

It is clear from the statements of the Administration and the Special Joint Committee that "the absence of positive legal provisions concerning the employees of the branch offices would make their situation precarious and would expose them to arbitrary decisions without allowing them any right of appeal either to national tribunals or the Administrative Tribunal."

Keywords

locus standi; status of complainant; field; competence of tribunal; right of appeal; no provision

Consideration 5

Extract:

"The Staff Regulations in their present form describe persons in the category concerned as officials, only in order to make it clear that they shall be subject to special conditions of service to be provided for them; but that, in the absence of such specific conditions being provided, they cannot be left without any right of appeal."

Keywords

locus standi; status of complainant; international civil servant; competence of tribunal; right of appeal; definition

Consideration 6

Extract:

"[I]t is unthinkable that the International Labour Organisation, which was established to ensure the security of all wage-earners, does not desire to ensure the security of all its officials, and [...] the spirit in which the existing legislation should be interpreted is thus quite clear".

Keywords

competence of tribunal; security of tenure; domestic law; interpretation; no provision



 
Last updated: 24.08.2016 ^ top