Judgment No. 792

• Organization: International Labour Organization (ILO)
• Date: 12.12.1986
• Original: French
• Judges: Ducoux, Suffian, Grisel
• Full judgment text - Full judgment text (french)

Decision

1. THE IMPUGNED DECISION IS QUASHED.
2. THE ILO SHALL PAY THE COMPLAINANT 5,000 SWISS FRANCS IN COSTS.

Consideration 8

Extract:

The Tribunal refers to the principle laid down in Judgment no. 767: the administration may alter its procedure, "but the change must be properly made known and may not be retroactive." In this case, the change concerns the construction of a provision in the Staff Regulations.

Reference(s)

Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 767

Keywords

non-retroactivity; duty to inform; practice; staff regulations and rules; amendment to the rules; interpretation; condition