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Judgment No. 2112

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7(A)

Extract:

"A decision affecting an official will always be preceded by administrative formalities, but it will become binding on the organisation only when it is notified to the official, in the manner prescribed by the organisation (see Judgment 1560, under 9). Notification may also take some other form as long as it can be inferred from it that the organisation intended to notify the decision. But information about the formalities themselves is clearly not notification. In the interests of clarity it is desirable, and indeed often the practice, for the person concerned by some future decision to be given such information. But to see it as notification of a decision would be wrong and could lead to serious confusion."

Reference(s)

ILOAT Judgment(s): 1560

Keywords

decision; formal requirements; duty to inform; administrative instruction; binding character; condition; date; definition; effect; purport



 
Last updated: 28.08.2020 ^ top