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Withdrawal of decision (44,-666)

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Keywords: Withdrawal of decision
Total judgments found: 25

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  • Judgment 994


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Three successive decisions to promote the complainant were taken: a promotion by direct selection from grade G.6 to P.3 as from 1 July 1986; a personal promotion from G.6 to G.7 as from 1 January 1985 and the outcome of a procedure which led to his post being regraded from G.6 to P.3 effective on 1 February 1984. The complainant challenges the Administration's decision to treat the regrading decision as void. The regrading decision was accepted by the complainant and showed no flaw. As it became final on the expiry of the time limit for challenge, the Administration may not go back on it.

    Keywords:

    condition; cumulative decisions; flaw; personal promotion; post classification; professional category; promotion; time limit; withdrawal of decision;

    Summary

    Extract:

    The complainant was granted three concurrent promotions: the first by direct selection from grade G.6 to P.3 with effect from 1 July 1986; the second by personal promotion from G.6 to G.7 with effect from 1 January 1986; and the third as a result of the regrading of his post from G.6 to P.3 with effect from 1 February 1984. The Administration said he could choose between two options: either his promotion to P.3 as from 1 February 1984 would be deemed to have cancelled the earlier ones and, in keeping with Article 3.4.4 of the Staff Regulations, his pensionable remuneration would stay at the level it had reached at that date; or else he might keep the personal promotion and his pensionable remuneration would be at the level it had reached at 1 July 1986. The complainant having refused to choose between the two options, the Administration applied the second one. Insofar as that decision conflicts with the decision to regrade his post P.3 as from 1 February 1984 it cannot stand.

    Reference(s)

    Organization rules reference: ARTICLE 3.4.4 OF THE ILO STAFF REGULATIONS

    Keywords:

    consequence; cumulative decisions; general service category; pension; pensionable remuneration; post classification; professional category; promotion; withdrawal of decision;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "A decision taken after the one impugned may, if more favourable, repeal it with retroactive effect, the decision- maker being empowered to withdraw the earlier decision so long as he does not thereby offend against the rights of any third party. The withdrawal may be likened to reversal, and if there happens to be an appeal pending there will be no cause of action."

    Keywords:

    acquired right; consequence; limits; settlement out of court; withdrawal of decision;



  • Judgment 618


    53rd Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As a rule the competent authority may alter or reverse any administrative decision unless it is expressly forbidden to do so and provided that acquired rights are safeguarded." [The complainant challenged the appointment of an official which took place after review of the decision to withdraw the offer of appointment.]

    Keywords:

    acquired right; amendment to the rules; decision; limits; withdrawal of decision;



  • Judgment 587


    51st Session, 1983
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The organization was [...] quite free to revoke the decision cancelling the complainant's right to benefit as a fund participant. Since he is thereby reinstated in the rolls there is no substance to his claim for the quashing of the decision to remove him, nor to his related claims [...] These are matters on which the Tribunal need not rule."

    Keywords:

    cause of action; no cause of action; settlement out of court; withdrawal of decision;

    Consideration 4

    Extract:

    "The general rule is that an administration which has taken a decision may later revoke it provided that it has vested no right. In this instance the organization was therefore quite free to revoke the decision cancelling the complainant's right to benefit as a Fund participant."

    Keywords:

    acquired right; limits; withdrawal of decision;



  • Judgment 123


    20th Session, 1968
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In approving the complainant's application for repatriation grant, the organisation misinterpreted the regulations. Its approval was conditional. The complainant had to prove that he had made definite travel arrangements, but did not do so. "[T]he [organisation] did not violate any law by withdrawing its approval, given in error, before any action had been taken upon it and before the stipulated proviso had been fulfilled, and without any costs having been incurred by the complainant."

    Keywords:

    acceptance; allowance; condition; flaw; mistake of law; travel expenses; withdrawal of decision;

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