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Judgment No. 752



Consideration 4


"Though [the complainant] did rely on facts of which he had been unaware at the outset, there was no new time limit on that account, the time limit in the Service Regulations being objectively determined and unqualified. Any other conclusion, even if founded on considerations of equity, would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit. The only exception is where the organisation has misled the complainant or concealed some paper from him so as to do him harm, in breach of the good faith which should govern administration. But the condition is not fulfilled here."


new fact on which the party was unable to rely in the original proceedings; receivability of the complaint; internal appeal; time limit; exception; new time limit; time bar; general principle; good faith

Dernière mise à jour: 28.08.2017 ^ haut