Judgment No. 860
Decision
THE COMPLAINT IS DISMISSED.
Consideration 15
Extract:
"Intervening in a complaint that was already pending, [the complainant in the present case] threw in his lot with Mr [S.]'s and espoused the case as it stood at the date of his application. He did become a party to that case and so for him Judgment 657 does carry the authority of res judicata."
Reference(s)
ILOAT Judgment(s): 657
Keywords
intervention; res judicata; same parties; consequence; effect
Consideration 24
Extract:
"Desirable though it may be that the various bodies that hear disputes in the international civil service take account of each other's rulings, each of them has a legal context of its own and will rule by its own lights on any case before it."
Reference(s)
ILOAT Judgment(s): 657
Keywords
application for review; judgment of the tribunal; iloat; applicable law; case law; law of european communities; european court of justice (ecj); effect
Summary
Extract:
As to identity in the cause of action, Mr [A.] notes that the Tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. Mr [A.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. The Tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.
Reference(s)
ILOAT Judgment(s): 657
Keywords
application for review; effective date; receivability of the complaint; res judicata; same cause of action; general principle; acquired right; good faith; practice; amendment to the rules; provision; terms of appointment; promotion; appointment; date
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