L'OIT est une institution spécialisée des Nations-Unies
Plan du site | Contact English
> Page d'accueil > Triblex: base de données sur la jurisprudence > Par session > 82e session

Judgment No. 1596


1. The Association shall pay each of the complainants termination indemnity to be reckoned according to length of service.
2. It shall pay them a total lump sum of 10,000 Swiss francs in costs.

Considerations 25-26


"The Tribunal is satisfied on the evidence that the Association calculated the extensions of the complainants' appointments so as to make the dates of expiry and of abolition of their posts coincide and to avoid paying them the [terminal] indemnities in accordance with Regulation 12.5(c). [...] EFTA was not free to manipulate renewal so as to avoid the payment of the indemnity where, if the normal pattern had been followed, the indemnity would have been payable. EFTA must therefore pay the complainants termination indemnities to be reckoned according to length of service as provided in Regulation 12.5."


Organization rules reference: EFTA STAFF REGULATION 12.5


due process; contract; extension of contract; terminal entitlements; separation from service; abolition of post

Consideration 32


"A legal opinion obtained for the purpose of litigation will ordinarily be privileged. But the defendant does not deny having made the text of the legal opinion available to representatives of the Staff Committee. Having been given the text without any condition or rider, the Staff Association was entitled to make copies available to its members."


exception; confidential evidence; staff union

Dernière mise à jour: 20.08.2020 ^ haut