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Judgment No. 16

Decision

The Tribunal declares that in law, the action is unfounded, and, rejecting any wider or contrary conclusions, consequently dismisses the claims of the complainant.

Consideration (A)

Extract:

"By acquiescing [...] in the reply given to her by the Director [...] (according to which reply the claim made by the complainant at the time of her termination that the termination certificate should state her grade as that of chief clerk was not founded), the complainant abandoned the only grievance which she claimed at the time against [the Institute] in so doing she waived the means of appeal open to her under the Staff Regulations".

Keywords

internal appeal; no cause of action; waiver of right of appeal; termination; acquiescence

Consideration (D)

Extract:

"In strict law, the complainant was entitled to receive the indemnity provided for [...] but [...] her complaint submitted today is clearly out of time [...]. The Tribunal expresses however the wish that, respecting equity, the [organisation] accord to the complainant the indemnity provided for" [the Tribunal declares that in law, the action is unfounded and dismisses the claims of the complainant.]

Keywords

complaint; receivability of the complaint; exception; time bar; equity

Consideration (C)

Extract:

"The devaluation of currency is a state of things to which all are subject and remains subject, in law, to the principle that in the absence of a revalorisation clause - such a clause soon being considered in many countries as contrary to public policy and therefore invalid - the currency agreed upon or adopted remains such, 'le franc reste le franc'."

Keywords

injury; currency of payment; exchange rate



 
Last updated: 15.09.2017 ^ top