Judgment No. 204

• Organization: International Atomic Energy Agency (IAEA)
• Date: 14.05.1973
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

Under the applicable provision, the pensionable age for officials is 62. The Director-General's decision was taken in pursuance of the above-mentioned provision. Although the provision empowers the Director-General to retain the services of an official beyond the age-limit, this derogation is confined to exceptional cases and lies within the discretion of the head of the organisation. In the present case, the Director-General's appraisal of the facts shows none of the flaws which the Tribunal may correct.

Keywords

exception; staff regulations and rules; provision; contract; retirement; age limit; judicial review; discretion; extension beyond retirement age

Summary of facts (J)

Extract:

"The Tribunal has disregarded the complainant's four additional memoranda [...] addressed to the Registrar of the Tribunal after the complainant had been informed that the proceedings were closed."

Keywords

tribunal; admissibility of evidence; closure of written proceedings; refusal; additional written submissions