Judgment No. 1019
Decision
THE COMPLAINTS ARE DISMISSED.
Summary
Extract:
Vide Judgment 1020.
Reference(s)
ILOAT Judgment(s): 1020
Keywords
time limit; start of time limit; transfer; transfer of headquarters; compensatory allowance; termination of employment; notice; compensatory measure; refusal
Consideration 2
Extract:
Vide Judgment 1020, consideration 2.
Reference(s)
ILOAT Judgment(s): 1020
Keywords
organisation's duties; collective bargaining; consultation; difference
Consideration 9
Extract:
Vide Judgment 1020, consideration 9.
Reference(s)
ILOAT Judgment(s): 1020
Keywords
applicable law; precedence of rules; staff regulations and rules; provision
Consideration 9
Extract:
"Though a complainant may not submit to the Tribunal any claim which he did not make in the internal proceedings a new plea is another matter."
Keywords
complaint; receivability of the complaint; internal appeal; new plea
Consideration 10
Extract:
Vide Judgment 1020, consideration 12.
Reference(s)
ILOAT Judgment(s): 1020
Keywords
withdrawal of decision; exception; general principle; non-retroactivity
Consideration 10
Extract:
The complainants initially accepted the transfer but later changed their minds. They must be deemed never to have consented to leaving their posts. "If there was anything retroactive about the period of notice, that was attributable, not to any decision of Interpol's, but to their own shift of position."
Keywords
complainant; non-retroactivity; transfer; acceptance; refusal
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
Organization rules reference: ARTICLE 53 OF THE INTERPOL STAFF REGULATIONS ILOAT Judgment(s): 1020
Keywords
acquired right; staff regulations and rules; amendment to the rules; contract
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords
general principle; acquired right; equal treatment; good faith; non-retroactivity; organisation's duties; amendment to the rules; terms of appointment; transfer of headquarters; judicial review
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords
acquired right; transfer; transfer of headquarters; resignation
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
Organization rules reference: ARTICLE 2 OF SECTION 2 OF APPENDIX VII OF THE THE INTERPOL STAFF RULES
Keywords
competence of tribunal; acquired right; transfer of headquarters
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