Judgment No. 505
Decision
The complaint and the applications to intervene are dismissed.
Consideration 7
Extract:
The new rule came into force on 1 February 1975. Short-term officials recruited before this date, who were not then considered as non-local officials, were all given local status. The organization then distinguished between those officials who had been given short-term appointments before the end of October 1974 and those whose appointment was made between then and 1 February 1975. The former were given non-local status on the established terms and the latter were treated as local officials. "The difference in treatment between the two groups was warranted by the difference in the facts."
Keywords
equal treatment; staff regulations and rules; amendment to the rules; provision; appointment; local status; non-local status; date
Consideration 6
Extract:
The rule came into force on 1 February 1975, i.e. subsequent to the complainant's first short-term appointment. By refusing to grant the complainant non-local status, the Director-General based his decision on the fact that she did not benefit from such status on 1 February 1975, without taking account of what had happened before. "In other words, he did not apply the rule retroactively: he based his decision on the facts at the date when the rule came into force."
Keywords
effective date; non-retroactivity; staff regulations and rules; amendment to the rules; provision; local status; non-local status; date
Consideration 7
Extract:
Up until the end of October 1974, short-term officials "had or may have had the expectation of qualifying some day [for non-local status]. It was therefore fair to take account of that expectation and grant them non-local status on the terms established under the practice." After that date, officers recruiting short-term staff "were told to discontinue the practice of mentioning the possibility of qualifying for non-local status [...] in other words, the old practice was abolished, the result being that those who were [recruited after that date] had no reason to expect non-local status and could not claim it by virtue of the principle of equality."
Keywords
equal treatment; practice; amendment to the rules; legitimate expectation; local status; non-local status
Consideration 9
Extract:
"The complainant contends that her short-term appointments were tainted with irregularity on the grounds that her duties were of a lasting nature. The [organization] argues convincingly, however, that the duties attributed to the complainant [...] were of a kind normally performed by temporary staff. [...] The Appeals Committee was therefore right in rejecting the arguments she bases on the duration of her appointments. the tribunal need not consider the [organization's] contention that it enjoys complete discretion in giving short-term appointments to general service category staff."
Keywords
contract; post; duration of appointment; successive contracts; short-term; flaw
Dissenting opinion
Extract:
A dissenting opinion by Lord Devlin is attached to the judgment.
Keywords
dissenting opinion
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