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Judgment No. 2282

Decision

1. The impugned decision is set aside.
2. The Agency is ordered to pay the complainant the sum of 3,348 United States dollars together with interest at 8 per cent per annum calculated from the date of each claim for terminal allowance filed by the complainant.
3. It shall also pay him costs in the amount of 1,500 euros.

Consideration 11

Extract:

"The integrity of the internal appellate process is of fundamental importance to the proper functioning of the international civil service. Like the process before the Tribunal itself, it must be free of any taint of fraud or abuse of power. If mere delay in the completion of an internal appeal is enough to vitiate the process (see Judgments 2072 and 2197), how much more will that be the case where the process is corrupted at its very source by an attempt to keep staff members from exercising their legal rights. The Tribunal asserts unhesitatingly that intimidation or threats of reprisal in such circumstances will be severely sanctioned. Indeed, there is a positive obligation on the part of the administration of every international organisation to assist staff in the exercise of their recourse and to place no obstacle in their way."

Reference(s)

ILOAT Judgment(s): 2072, 2197

Keywords

procedure; complaint allowed; internal appeals body; internal appeal; delay; submissions; due process; organisation's duties; hidden disciplinary measure; procedural flaw; lack of consent; misuse of authority; right

Consideration 12

Extract:

"[W]hat is at issue here is a plea of prescription on the part of the [organization], which seeks to take the benefit of the two-year limitation period in [a] staff rule. But prescription cannot be invoked by a party which has by its own actions prevented the timely exercise of the creditor's recourses. That is what the pleadings reveal to be the case here."

Keywords

internal appeal; time limit; time bar; organisation's duties; refund



 
Last updated: 23.08.2012 ^ top