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Judgment No. 1124

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

"There is no rule against making two claims in the context of one and the same complaint if they are addressed to one and the same organisation, and the combining of the two disputes between the parties is no bar to receivability."

Keywords

complaint; receivability of the complaint

Consideration 4

Extract:

The complainant is not satisfied with the amount paid him in termination indemnity and submits that he has an acquired right to the application of the material provisions in French law. The Tribunal observes that "French law would have applied only if, and insofar as, there had been an agreement with the French government to that effect. There was none."

Keywords

amount; applicable law; domestic law; terminal entitlements; condition

Summary

Extract:

The complainant objects to the amount of his termination indemnity. He relies on a practice the organization followed before its staff regulations came into force, on breach of equal treatment and on the rules of other international organisations. For each plea the Tribunal refers to the answers it gave in Judgment 1080.

Reference(s)

Jugement(s) TAOIT: 1080

Keywords

amount; equal treatment; practice; rule of another organisation; terminal entitlements; condition

Consideration 8

Extract:

The Chairman of the Committee with a mandate to consider the complainant's request for review of the decision setting the amount of his termination indemnity resigned because he regarded other duties he held as incompatible with the chairmanship. "There was [...] nothing improper about that. Indeed, the Chairman's resignation removed a threat to the Committee's impartiality". It was, moreover, in line with Clause 3 of Article 146 of the Staff Rules.

Reference(s)

Organization rules reference: ARTICLE 146(3) OF THE INTERPOL STAFF RULES

Keywords

internal appeals body; challenge of member; staff regulations and rules; enforcement; bias; composition of the internal appeals body

Summary

Extract:

See Judgment 1126, summary.

Reference(s)

Organization rules reference: ARTICLE 61(5) OF THE INTERPOL STAFF RULES
Jugement(s) TAOIT: 1126

Keywords

amount; staff regulations and rules; enforcement; provision; terminal entitlements; discretion; condition



 
Dernière mise à jour: 14.04.2020 ^ haut