Judgment No. 1006
1. THE SECRETARY-GENERAL'S DECISION OF 26 SEPTEMBER 1988 IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT 1,000 SWISS FRANCS IN COSTS.
In 1988 the Secretary-General decided to reverse a decision which the then Secretary-General took in 1979 to grant the complainant non-local status. The reason for the reversal was that the original decision had not been warranted. The Tribunal holds that "even if that decision was based on facts that were wrong and even if there was misinterpretation of Regulation 16 [now Staff Rule 14.6 on how to determine an official's home], it was in any event too late by 1988 to reverse a decision that the organization had already abided by for almost nine years." The impugned decision is quashed.
Organization rules reference: RULE 14.6 OF THE WTO STAFF REGULATIONS
withdrawal of decision; time limit; local status; non-local status; flaw