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Judgment No. 23

Decision

THE TRIBUNAL,
Rejecting any wider or contrary conclusions,
Declares the complaint to be receivable as to form;
Declares that it is competent;
Orders the decision taken to be rescinded and declares in law that a legal basis therefor cannot be found in the Staff Regulations;
In consequence, should the defendant not reconsider the decision taken and reinstate the complainant, orders the said defendant to pay to the complainant an amount equal to two years' base salary, namely 1,638,000 French francs together with interest at 4 per centum from 20 June 1955, without any set off of the indemnities accorded to her at the time of termination of her appointment;
Orders the defendant Organization to pay to the complainant the sum of US$300 by way of participation in the costs of her defence;
PRONOUNCING on the application to intervene made by M. Henquet;
Considering that such intervention is receivable in so far as it is made by M. Henquet in his own name, an official of the defendant Organization, holder of an indeterminate appointment;
Considering that the intervention is founded, in so far as recognized by this judgment;
Orders the defendant Organization to bear the expenses for which justification is provided by the intervener up to a maximum of US$40.

Consideration (L)

Extract:

Vide Judgment 22, consideration (l).

Reference(s)

Jugement(s) TAOIT: 22

Keywords

member state; contract; fixed-term; non-renewal of contract; conduct; judicial review; official

Consideration (M)

Extract:

Vide Judgment 24, consideration (m).

Reference(s)

Jugement(s) TAOIT: 24

Keywords

staff member's interest; staff member's duties; organisation's interest

Consideration (H)

Extract:

Vide Judgment 24, consideration (h).

Reference(s)

Jugement(s) TAOIT: 24

Keywords

staff member's duties; duty of discretion; freedom of conscience; political activity; organisation's interest

Consideration (D)

Extract:

"The grounds adduced [for the dismissal] are [...] the duty of officials 'to conduct themselves at all times in a manner befitting their status as international civil servants', 'to bear in mind the reserve and tact incumbent upon them by reason of their international status' and at no time to lose sight of the interests of the international organisation for which they serve."

Keywords

grounds; termination of employment; staff member's duties; conduct; duty of discretion; fitness for international civil service



 
Dernière mise à jour: 25.08.2020 ^ haut