Judgment No. 518
Decision
THE COMPLAINT AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
Considerations
Extract:
"That an intervener in a case before the Tribunal may have already filed an internal appeal and had it rejected, and that he has not himself filed a complaint with a tribunal, does not prevent him from applying to intervene in such a complaint provided he complies with the requirements of Article 17 of the Rules of court and Article II of the Statute and provided the judgment to be given by the Tribunal may affect his rights."
Reference(s)
ILOAT reference: ARTICLE II OF THE STATUTE;
ARTICLE 17 OF THE RULES
Keywords
intervention; receivability of the complaint; internal appeal; time bar
Considerations
Extract:
"The meaning of [the rule], on a literal construction and in the context of the Service Regulations, cannot be altered by reliance on material which does not embody rules, such as [the] document [in question], the sole purpose of which is to submit to the competent authorities of the [organisation] information on the [situation]".
Keywords
information note; staff regulations and rules; interpretation; provision; binding character
Considerations
Extract:
"What the principle of equality requires is that all those in the same position should receive equivalent and non-discriminatory treatment, provided that, with due regard to the different factual situations which may exist, the organisation may adopt rules prescribing or allowing reasonable distinctions."
Keywords
general principle; equal treatment
Summary
Extract:
It is stipulated under a staff regulation that the organisation shall, under certain conditions, pay the fees charged by an international school, in which case the right to the education allowance established under two other regulations shall be waived. The Tribunal inferred from the reference to these two regulations that the material rule has the same scope as the other two rules, namely that it applies to primary schools but not to nursery schools or kindergartens. The complaint, which applied for reimbursement of kindergarten fees, is dismissed. [There is no breach of the principle of equality.]
Keywords
staff regulations and rules; enforcement; provision; education expenses; refund; condition
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