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Judgment No. 1680

Decision

1. The decisions of 10 October 1995 and 4 October 1996 by the Director-General of UNESCO are quashed.
2. The Organization shall pay each of the complainants the equivalent of three months' pay in damages.
3. It shall remove from their personal records any document relating to the quashed decisions.
4. It shall pay them an aggregate sum of 15,000 French francs in costs.
5. Any other claim is dismissed.

Consideration 2

Extract:

"The complainants apply for joinder. The Organization does not object though it rightly points out that the facts differ somewhat from case to case. Since the complaints raise the same issues of law they are joined."

Keywords

complaint; complaint allowed; joinder; identical claims; decision quashed; condition

Consideration 3

Extract:

The Organization "cites the ruling in Judgment 1394 [...] that there is no question of 'quashing a decision that no longer exists and therefore has no effect in law'. But the precedent holds good only where the decision impugned has been retroactively withdrawn and has had no effect in law."

Reference(s)

ILOAT Judgment(s): 1394

Keywords

withdrawal of decision; cause of action; effect; impugned decision; claim moot

Consideration 5

Extract:

"Judgment 809 [...] explained just what [UNESCO Staff] Rule 105.2(b) [on special leave with pay] meant. Its wording 'makes it plain that such a decision will be exceptional' [...] the Director-General does have discretion, and the Organization seeks to rely on it, but obviously it does not stretch to breach of the rules or of the general principles that safeguard the dignity of an international civil servant."

Reference(s)

Organization rules reference: UNESCO STAFF RULE 105.2(B)
ILOAT Judgment(s): 809

Keywords

complaint allowed; complaint allowed in part; decision quashed; general principle; respect for dignity; refusal to assign work; staff regulations and rules; special leave; discretion



 
Last updated: 17.08.2017 ^ top