Judgment No. 22
Decision
THE TRIBUNAL,
Rejecting any wider or contrary conclusions,
Declares the complaint to be receivable as to form;
Declares that it is competent;
Orders the decision taken to be rescinded and declares in law that a legal basis therefore cannot be found in the Staff Regulations;
In consequence, should the defendant not reconsider the decision taken and reinstate the complainant, orders the said defendant to pay to the complainant an amount equal to two years' base salary, namely US$10,800, together with interest at 4 per centum from 20 June 1955, without any set off of the indemnities accorded to her at the time of termination of her appointment;
Orders the defendant Organization to pay to the complainant the sum of US$300 by way of participation in the costs of her defence;
PRONOUNCING on the application to intervene made by M. Henquet;
Considering that such intervention is receivable in so far as it is made by M. Henquet in his own name, an official of the defendant Organization, holder of an indeterminate appointment;
Considering that the intervention is founded, in so far as recognized by this judgment;
Orders the defendant Organization to bear the expenses for which justification is provided by the intervener up to a maximum of US$40.
Consideration (L)
Extract:
The complainant was dismissed because of doubts concerning her integrity. "The fact that in this case the doubts raised as to the loyalty to her own government brought by a government which enjoys in all respects the highest prestige, must be without any influence upon the consideration of the facts in the case and the determination of the principles whose respect the Tribunal must ensure."
Keywords
member state; contract; fixed-term; non-renewal of contract; conduct; judicial review; official
Consideration (M)
Extract:
Vide Judgment 24, consideration (m).
Reference(s)
Jugement(s) TAOIT: 24
Keywords
staff member's interest; staff member's duties; organisation's interest
Consideration (H)
Extract:
Vide Judgment 24, consideration (h).
Reference(s)
Jugement(s) TAOIT: 24
Keywords
staff member's duties; duty of discretion; freedom of conscience; political activity; organisation's interest
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