Judgment No. 18
Decision
THE TRIBUNAL ORDERS THE DECISION TAKEN TO BE RESCINDED AND DECLARES IN LAW THAT IT CONSTITUTES AN ABUSE OF RIGHTS CAUSING PREJUDICE TO THE COMPLAINANT; ORDERS THE DEFENDANT [FAILING REINSTATEMENT] TO PAY TO THE COMPLAINANT THE SUM OF $12,800, PLUS CHILDREN'S ALLOWANCE FOR TWO YEARS, THE WHOLE TOGETHER WITH INTEREST AT 4 PER CENT FROM 1 JANUARY 1955. $300 TOWARDS COSTS.
Consideration (A)
Extract:
Vide Judgment 21, consideration (a).
Reference(s)
ILOAT Judgment(s): 21
Keywords
duty to substantiate decision; grounds; contract; fixed-term; non-renewal of contract; judicial review
Consideration on the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords
member state; contract; fixed-term; non-renewal of contract; conduct; judicial review; official
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords
career; legitimate expectation; satisfactory service; contract; fixed-term; non-renewal of contract; fitness for international civil service
Consideration on competence
Extract:
"The question is [...] a dispute concerning the interpretation and application of the Staff Regulations and Rules of the defendant organisation [...]. By virtue of Article II, paragraph 1, of its Statute, the Tribunal is competent to hear the said dispute."
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
Keywords
competence of tribunal; staff regulations and rules; enforcement; interpretation
Consideration on the substance (D)
Extract:
Vide Judgment 16, consideration on the substance, (d).
Reference(s)
ILOAT Judgment(s): 16
Keywords
complainant; inquiry; organisation's duties; misconduct; conduct; disciplinary measure; investigation
Consideration (F)
Extract:
Vide Judgment 24, consideration (m).
Reference(s)
ILOAT Judgment(s): 24
Keywords
staff member's interest; staff member's duties; organisation's interest
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