Judgment No. 1502

• Organization: European Organization for Nuclear Research (CERN)
• Date: 11.07.1996
• Original: French
• Judges: Gentot, Egli, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE CLAIMS TO REPAYMENT OF THE EXPENSES INCURRED FOR ALICE AND FRANCOIS BAILLON ARE DISMISSED.
2. THE IMPUGNED DECISION IS SET ASIDE INSOFAR AS IT REJECTS THE CLAIM TO THE EXPENSES INCURRED FOR DOMINIQUE BAILLON.
3. THE ORGANIZATION SHALL PAY THE COMPLAINANT 1,000 SWISS FRANCS IN COSTS.

Consideration 6

Extract:

The Organization's "own interests and sound management demand strict compliance with time limits, and non-compliance means forfeiting a right or the exercise thereof: see Judgment 1446 [...] under 3, the further judgments cited therein and Judgment 1485 [...]. A time limit is not to be waived just because claims are seldom late or because the consequences of refusing waiver would be too harsh."

Reference(s)

ILOAT Judgment(s): 1466, 1485

Keywords

time limit; delay; exception; time bar; case law; written rule; staff regulations and rules; interpretation

Consideration 6

Extract:

"Time limits must be construed in good faith. If an organisation wants to put procedural restrictions on one of the staff member's rights or on the exercise thereof it must draft clearly enough to avoid setting traps."

Reference(s)

ILOAT Judgment(s): 1376

Keywords

time limit; delay; time bar; case law; good faith; written rule; interpretation

Consideration 9

Extract:

"The time limit must start at the date at which payment becomes due. If that were not so, the lapse of time would work to the claimant's detriment for as long as the rules precluded his making the claim. To make the would-be claimant wait, for any reason, before making the claim bars repayment. So the staff have grounds for supposing that they are not free [under Staff Regulation R VIII 1.01] to make claims until they can group." That being a reasonable construction, "for CERN to impose a narrower one would be an abuse of authority."

Reference(s)

Organization rules reference: CERN STAFF REGULATION R VIII 1.01

Keywords

time limit; time bar; good faith; staff member's interest; written rule; staff regulations and rules; interpretation; no provision