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Judgment No. 886

Decision

THE COMPLAINT AND THE APPLICATION TO INTERVENE ARE DISMISSED.

Consideration 11

Extract:

In Judgment 855, "under 16, the Tribunal upheld its earlier ruling in Judgment 657 of 18 March 1985 [...]: there was nothing improper about applying the eight-year rule, which was indeed in keeping with the Administrative Council's guidelines. [The complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."

Reference(s)

Jugement(s) TAOIT: 657, 855

Keywords

administrative instruction; amendment to the rules; enforcement; provision; terms of appointment; professional experience; reckoning; seniority; appointment; date

Consideration 10

Extract:

"The complainant was recruited from the British Office before the guidelines in Circular 144 came in but in the
course of a period in which the guidelines had retroactive effect. For the reasons stated in Judgment 855 under 12
and 13, the Tribunal holds that he was governed by the rules in force before Circular 144 and at the time of his
recruitment."

Reference(s)

Organization rules reference: CIRCULAR 144
Jugement(s) TAOIT: 855

Keywords

transitional measures; administrative instruction; amendment to the rules; enforcement; provision; appointment; consequence; date

Consideration 15

Extract:

"Since the rights Mr. B. is relying on in his application [to intervene] were ruled on once and for all in Judgment 855, the res judicata rule bars him from raising the same issues again by other means and his application is therefore irreceivable."

Reference(s)

Jugement(s) TAOIT: 855

Keywords

intervention; receivability of the complaint; res judicata



 
Dernière mise à jour: 13.03.2020 ^ haut