Judgment No. 1068
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3, Summary
Extract:
By a letter of 20 December 1988 the complainant asked the Director-General to pay her three months' salary based on an offer made to her on 23 October 1981. Her claim was nowhere near being in time according to the time limit set in Article 14.8 of the Staff Regulations. The organisation's failure to pay her has no effect on the time limit.
Reference(s)
Organization rules reference: ARTICLE 14.8 OF THE ILO STAFF REGULATIONS
Keywords
receivability of the complaint; internal appeal; exception; time bar
Consideration 4, Summary
Extract:
The complainant received a termination indemnity under Article 11.6 of the ILO Staff Regulations (indemnity upon reduction of staff). She claims a more generous one under Article 11.16 (agreed termination). The indemnity under dispute was mentioned in an agreement signed in 1977, which the Tribunal recognised as valid in Judgment 404 of 24 April 1980. Besides, her entitlements were paid in full on 24 January 1979. Her claim of 20 December 1988 is therefore time- barred under Article 14.8 and also irreceivable under the res judicata rule.
Reference(s)
Organization rules reference: ARTICLES 11.6 AND 11.16 OF THE ILO STAFF REGULATIONS
Jugement(s) TAOIT: 404
Keywords
receivability of the complaint; internal appeal; res judicata; time bar; terminal entitlements; agreed termination
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