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 [The complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."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)
ILOAT Judgment(s): 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 ILOAT Judgment(s): 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)
ILOAT Judgment(s): 855
Keywords
intervention; receivability of the complaint; res judicata
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