Judgment No. 1324
1. THE PRESIDENT'S DECISION OF 8 JANUARY 1993 IS QUASHED.
2. THE COMPLAINANT'S DESIGNATED HOME SHALL BE CHANGED FROM ROME TO DOLORES IN THE PROVINCE OF BUENOS AIRES IN ARGENTINA.
3. THE ORGANISATION SHALL PAY HIM 3,000 GUILDERS IN COSTS.
See Judgment 525, consideration 4.
Jugement(s) TAOIT: 525
complaint allowed; exception; decision quashed; amendment to the rules; home leave; home; judicial review; decision-maker; discretion; executive head; disregard of essential fact; formal flaw; procedural flaw; mistake of fact; mistaken conclusion; misuse of authority
The complainant is seeking a change, to which the organisation is opposed, in the designation it originally made upon recruitment of his official home. "It would offend against the principle of equal treatment [for a new] recruit who has strong ties with the country of one of two nationalities [to] get the automatic designation of a place in that country as 'home', while in identical circumstances another employee is refused designation of his home in that country simply because he is seeking review of a determination already made."
complaint allowed; complainant; nationality; place of origin; decision quashed; equal treatment; amendment to the rules; home leave; home