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Judgment No. 2300

Decision

The complaint is dismissed.

Consideration 3

Extract:

"The complainant contends that the [challenged] decision is unlawful because it is based on an opinion by the Joint Appeals Committee signed by its Chairman alone, whereas it is common practice in Interpol, as in other international organisations, for this type of document to be signed by all members of the Committee. The Organization rightly points out that, in accordance with Article 152(3) of the Staff Rules, the Chairman of the relevant Joint Committee shall sign the consultative opinion. This provision cannot be challenged on the grounds that different practices prevail in other organisations."

Reference(s)

Organization rules reference: Article 152(3) of Interpol's Staff Rules

Keywords

decision; organisation; internal appeals body; advisory body; practice; staff regulations and rules; provision; flaw; formal flaw; advisory opinion; difference

Consideration 4 (a)

Extract:

"A general decision which establishes the obligations and/or rights of a group of officials, without requiring an implementing decision, may be directly challenged; one example of this would be a decision concerning an electronic clocking-in system (see Judgment 2279 [...]). However, such a decision is not challengeable if its terms are not sufficiently clear in themselves to allow a challenge (see Judgment 2258, under 3)."

Reference(s)

ILOAT Judgment(s): 2258, 2279

Keywords

general decision; individual decision; international civil servant; direct appeal to tribunal; case law; working hours; staff member's duties; collective rights; condition



 
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