Judgment No. 452

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 14.05.1981
• Original: Anglais
• Judges: Grisel, Devlin, Armbruster
• Full judgment text (anglais) - Texte intégral du jugement

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