Judgment No. 1080
THE COMPLAINTS ARE DISMISSED.
The complainants object that the terminal entitlements Interpol granted them under the Staff Rules and Regulations were "paltry". "Even if there are rules the Tribunal may still check that the organisation has kept to the general principles that govern the international civil service, one of them being its duty to treat its staff considerately. As has been said before, an organisation must act from reasonable motives and not cause its staff unnecessary or undue prejudice."
international civil service principles; organisation's duties; staff regulations and rules; enforcement; terminal entitlements; judicial review
The complainants object to the amount of their terminal entitlements and point out that another official got a much higher amount through an error made by the organization. "The unlawful handling of one case does not entitle the complainants to the same unlawful treatment."
exception; amount; equal treatment; terminal entitlements; flaw
In the complainants' view, the amount of their terminal entitlements was too low when compared to what other international organisations give, and they contend that the provisions of French social legislation apply to them. The Tribunal observes that Interpol is an independent international organisation and that there is no evidence of the organization's having agreed to apply French law.
amount; applicable law; domestic law; rule of another organisation; terminal entitlements
Challenging the amount of the termination indemnity they received, the complainants rely on a practice Interpol followed before the Staff Regulations came into effect. Their plea fails. "Whatever arrangements may have been made before the Regulations came into force, they were neither so constant nor even so consistent as to afford evidence of the existence of any general rule."
amount; practice; terminal entitlements; condition
Vide Judgment 1126, summary.
Organization rules reference: ARTICLE 61.5 OF THE INTERPOL STAFF RULES
ILOAT Judgment(s): 1126
amount; staff regulations and rules; enforcement; provision; terminal entitlements; discretion; condition