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Judgment No. 767

Decision

THE TRIBUNAL ORDERS THE FURTHER SUBMISSIONS SET OUT IN [PARAGRAPH] 11 [...].

Consideration 6

Extract:

"Precedent has it that one official may not rely on the unjust enrichment of another: equality in law does not embrace equality in the breach of it."

Keywords

exception; general principle; equal treatment; flaw

Consideration 8

Extract:

"Article 11.6 does give the Director-General authority to decide whether or not to propose termination. But the authority is not unqualified. The exercise of it is subject to review by the Tribunal, which will determine whether the decision was taken without authority, [...]."

Reference(s)

Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS

Keywords

judicial review; discretion

Consideration 9

Extract:

The organisation submits that "even if it did construe [Article] 11.16 too loosely it could always put an end to the practice. The ILO may indeed change the interpretation provided, it does not thereby infringe any provision of the Staff Regulations. But the change has to be properly made known and may not be retroactive. The only evidence adduced in support of the argument is a circular which went out after the impugned decision and which therefore could have no bearing on its lawfulness."

Reference(s)

Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS

Keywords

non-retroactivity; duty to inform; practice; staff regulations and rules; amendment to the rules; interpretation; provision

Consideration 11

Extract:

The complainant claims the benefit of Article 11.16 of the ILO Staff Regulations on agreed termination. The Tribunal needs further evidence on the facts before it can rule on the case and orders further submissions.

Reference(s)

Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS

Keywords

further submissions



 
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