Publicity of a rule (723,-666)

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Keywords: Publicity of a rule
Total judgments found: 2

• Judgment 3884

  
  124th Session, 2017
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.

  Consideration 12

  Extract:

  [E]ven supposing that the minute [...] could be regarded as not actually constituting a legal rule, the change in practice that it entailed in respect of the consideration of requests for extensions of appointments could not, in any event, be implemented before it had been clearly announced to the officials concerned.

  Keywords:

  practice; publicity of a rule;
  

  
  
  

• Judgment 3835

  
  124th Session, 2017
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who received a special post allowance, challenges the denial of her request for the reclassification of her post.

  Considerations 2 and 3

  Extract:

  Among the numerous pleas on which the complainant relies in order to impugn that decision, one is of decisive importance for the outcome of this dispute, namely that regarding the application to the complainant of the new post classification standard, which the Director-General agreed to introduce in the Organization without any announcement and which was therefore inapplicable to staff members. Consistent precedent has it that a rule is enforceable only from the date on which it is brought to the notice of those to whom it applies (see, for example, Judgments 963, under 5, and 2575, under 6).
  [...] By relying on a text that was not yet applicable to staff members, the Director-General rendered her decision unlawful. The unlawful nature of this decision was all the more serious for the fact that, as is plain from the file, the new classification standard was less favourable to the complainant.

  Reference(s)

  ILOAT Judgment(s): 963, 2575
  

  Keywords:

  publicity of a rule;