Judgment No. 483

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 03.06.1982
• Original: French
• Judges: Grisel, Ducoux, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2(B)

Extract:

Vide Judgment 485, consideration 1(b).

Reference(s)

ILOAT Judgment(s): 485

Keywords

appointment; travel expenses; refund; discretion; limits

Consideration 2(A)

Extract:

Vide Judgment 485, consideration 1(a).

Reference(s)

ILOAT Judgment(s): 485

Keywords

staff regulations and rules; enforcement; provision; local status; non-local status; residence

Consideration 2(B)

Extract:

Vide Judgment 485, consideration 1 (b).

Reference(s)

ILOAT Judgment(s): 485

Keywords

terms of appointment; appointment; competition; travel expenses; refund

Considerations 3(A), (B) and (C)

Extract:

Vide Judgment 485, consideration 2(a), (b) and (c).

Reference(s)

ILOAT Judgment(s): 485

Keywords

equal treatment; terms of appointment; appointment; non-local status

Consideration 3

Extract:

Vide Judgment 485, consideration 2.

Reference(s)

ILOAT Judgment(s): 485

Keywords

general principle; equal treatment; terms of appointment

Consideration 1

Extract:

"A judicial body is bound to respect the right to a hearing, and it is a breach of that right to take evidence without the parties' knowledge."

Keywords

disclosure of evidence; right to reply

Consideration 1

Extract:

The internal appeals body did not respect the complainant's right to a hearing. In this case "not only has the complainant had every opportunity to state her case in these proceedings but the Tribunal will decide proprio motu the points on which the Appeals Committee heard evidence from the officials [without the parties' knowledge]. The flaw in the appeal proceedings is therefore of no consequence and is to be regarded as corrected by the present proceedings.

Keywords

lack of injury; internal appeals body; internal appeal; tribunal; disclosure of evidence; right to reply; flaw; procedural flaw