Judgment No. 452
Decision
THE COMPLAINT AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
Consideration 5
Extract:
"In the exercise of the option [whether or not to grant non-local status] the organization is free to have regard to all relevant considerations, general or particular. It is not required to follow a general policy if particular circumstances justify a distinction; it may discriminate so long as the discrimination is not arbitrary."
Keywords
equal treatment; organisation's duties; local status; non-local status
Consideration 1
Extract:
Only claims made to the internal appeals body and, when appropriate, implicit claims, satisfy the obligation to exhaust the internal means of resisting a decision. Claims first made directly to the Tribunal are not receivable.
Keywords
complaint; new claim; receivability of the complaint; internal remedies exhausted
Consideration 4
Extract:
The organization's Governing Council decided to consider all general service officials, recruited after a certain date, as local staff and the Tribunal accepts that reinstatement is not the same as recruitment. But the fact that the Director-General could, consistent with the Council's declaration, have continued to reinstate non-local staff does not mean that he is required to do so. He is free to act as he wishes and the Tribunal cannot interfere.
Keywords
general service category; appointment; reinstatement; local status; non-local status; discretion; condition; difference
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