Judgment No. 2066
THE COMPLAINT IS DISMISSED.
"When an organisation hints that it will reconsider a decision affecting a staff member, it cannot reasonably expect the latter to challenge that decision. Nor may the staff member lodge an appeal against it unless the administration expressly states that the appeal procedure will take its course despite attempts to settle the case. In such instances, the rule that confirmation of an earlier decision sets off no new time limit for appeal does not apply."
decision; confirmatory decision; express decision; receivability of the complaint; internal appeal; time limit; exception; start of time limit; time bar; case law; good faith; enforcement; staff member's duties; collective bargaining
"There is breach of equal treatment only where staff members in an identical or comparable position in fact and in law receive different treatment from the organisation. Consequently, the right to equal treatment does not preclude amendment of a rule or the way in which it is applied. A new rule could be less favourable than the old one, and hence be subject to challenge, without necessarily impairing the right to equal treatment."
general principle; equal treatment; written rule; amendment to the rules; breach; enforcement; definition; difference; right