Judgment No. 1531
Decision
1. The memorandum of 23 February 1994 setting the date of the complainant's separation from service takes effect only as from 26 February 1994.
2. His other claims are dismissed.
Consideration 8
Extract:
"Yet, though it was lawful for the Memorandum of 23 February 1994 to set [the date of termination], not until 25 February did the complainant get notice of it. According to a general principle no decision unfavourable to an official may take effect before the date at which he gets notice of it. So the earliest date at which the complainant's separation from service might take effect was 26 February 1994, the day after he had notice of it".
Keywords
decision; injury; date of notification; general principle; separation from service; date; effect
Consideration 15
Extract:
As for his claim to costs, "the Tribunal observes, in view of the intemperate language of his submissions, that he owes a duty of respect to the defendant and to its staff. Though his complaint succeeds in part, his claim to costs is disallowed because he has not fulfilled that duty."
Keywords
complainant; no award of costs; staff member's duties; conduct; freedom of speech; organisation's reputation; limits; official
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