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Judgment No. 614

Decision

THE COMPLAINT IS DISMISSED

Consideration 5

Extract:

The complainant claims to have received unequal treatment. He invites the Tribunal to order disclosure of another staff member's personnel file for comparison with his own, along with the file on the grading of his post. "The ILO objects to disclosing another official's records to the complainant but is willing to let the Tribunal see them."

Reference(s)

Jugement(s) TAOIT: 564, 565

Keywords

confidential evidence; disclosure of evidence; personal file; equal treatment; post classification; request by a party

Consideration 7

Extract:

"There are three hypotheses. The first is that the complainant was treated unlawfully, and if so the Tribunal need only declare that he was and need not rule on the allegation of unequal treatment. The second is that the complainant was treated lawfully and the other staff member unlawfully. In that case the complainant may not rely on unlawful treatment which conferred benefit on the other staff member; equality in law does not mean equality in the breach of it. The third hypothesis is that both of them were treated lawfully. If there was inequality in the treatment they received it arose in circumstances which allowed the exercise of discretion and in which the Tribunal has no power of review."

Reference(s)

Jugement(s) TAOIT: 564, 565

Keywords

exception; general principle; equal treatment; flaw

Consideration 3

Extract:

The Minute in question cannot be treated as an actual appeal. "It is not described as such and it makes no specific claim."

Reference(s)

Jugement(s) TAOIT: 564, 565

Keywords

formal requirements; internal appeal; internal remedies exhausted



 
Dernière mise à jour: 30.03.2020 ^ haut