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Judgment No. 54

Decision

THE COMPLAINT IS DISMISSED.

Consideration 6

Extract:

A trade union official should enjoy freedom of action and expression on the condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally; he should be allowed reasonable time for discharging his functions. "Any decision affecting an official which does not take these rights into account - and, in particular, any measure motivated solely by "any activity carried out by him in that capacity while respecting the obligations enumerated above - would be tainted by an error in law."

Keywords

organisation's duties; staff member's duties; freedom of association; facilities; staff union activity; time off; staff representative

Consideration 6

Extract:

"An official [...] elected as a member of the Executive Committee of the Staff Association provided for by [...] the Staff Regulations should, in that capacity, enjoy freedom of action and of expression, on the sole condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally, and that he observe secrecy in respect of deliberations of joint bodies in which he takes part, or confidential information communicated to him by virtue of his trade union position".

Keywords

staff member's duties; duty of discretion; freedom of speech; freedom of association; staff union activity; staff representative

Consideration 4

Extract:

"The complainant had applied for the post [...] while still an official [of the organization], he is entitled to challenge the decision appointing another candidate to the post."

Keywords

injury; locus standi; cause of action; appointment; competition; candidate; internal candidate; application for quashing; other

Consideration 1

Extract:

"Where, as in the present case, no specific decision is taken, either at the request of the person concerned or by the administration acting on its own initiative, specifying that the temporary employment contract of [an] official is not to be renewed, the period within which the official may appeal against the refusal to renew his contract is reckoned from the day on which the contract expires."

Keywords

internal appeal; time limit; start of time limit; contract; fixed-term; non-renewal of contract; notice; date



 
Dernière mise à jour: 20.09.2017 ^ haut