Judgment No. 1200
1. THE IMPUGNED INDIVIDUAL DECISIONS ARE QUASHED.
2. THE CENTRE SHALL PAY EACH OF THE COMPLAINANTS 5,000 FRENCH FRANCS IN COSTS.
The complainants dispute the amendment of a provision concerning pensionable remuneration in the Staff Regulations of the International Training Centre of the ILO at Turin. They allege that the impugned decision is unlawful because it was in breach of the duty to consult the Staff Relations Committee under Articles 0.3 and 10.2(a) of the Staff Regulations. The Tribunal observes that the principle embodied in these provisions is plain: cooperation between staff and management. The sequence of events shows that the organisation did not follow the prescribed procedure. The Tribunal holds that when the Centre wishes to amend its Staff Regulations "it is making a decision of its own and must abide by the rules of its own making. [...] its failure [to do so] in this instance was unlawful and has the effect of avoiding the new text of [the provision]. [...] Since the individual decisions under challenge rest on an improperly made amendment to the Staff Regulations they are unlawful."
Organization rules reference: ARTICLES 0.3 AND 10.2 (A) OF THE ITC STAFF REGULATIONS
procedure before the tribunal; complaint allowed; advisory body; decision quashed; general principle; due process; patere legem; staff regulations and rules; amendment to the rules; consultation; judicial review; flaw; procedural flaw