Keywords
Summary

Keywords

1 . OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - MANDATORY - EXPIRY - RE-OPENING - REQUEST UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS - NOT PERMISSIBLE

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

2 . OFFICIALS - ACTIONS - PRIOR COMPLAINT THROUGH OFFICIAL CHANNELS - TIME-LIMITS - STARTING POINT - REQUEST FOR RECLASSIFICATION - LATE - EXPIRY OF TIME-LIMIT - RE-OPENING - CONDITIONS - NEW FACT

( STAFF REGULATIONS OF OFFICIALS , ARTS 90 AND 91 )

Summary

1 . THE TIME-LIMITS LAID DOWN IN ARTICLES 90 AND 91 OF THE STAFF REGULATIONS ARE MANDATORY AND ARE NOT SUBJECT TO THE DISCRETION OF THE PARTIES OR OF THE COURT , SINCE THEY WERE LAID DOWN WITH A VIEW TO ENSURING CLARITY AND LEGAL CERTAINTY . CONSEQUENTLY , AN OFFICIAL CANNOT ESCAPE THE CONSEQUENCES OF HIS FAILURE TO ACT IN GOOD TIME AND CONTRIVE TO RE-OPEN THE LIMITATION PERIODS BY SUBMITTING A REQUEST TO THE APPOINTING AUTHORITY UNDER ARTICLE 90 ( 1 ) OF THE STAFF REGULATIONS RATHER THAN A COMPLAINT AGAINST THE DECISION ADVERSELY AFFECTING HIM .

2 . ONCE THE TIME-LIMITS FOR THE COMMENCEMENT OF PROCEEDINGS AGAINST AN ACT ADVERSELY AFFECTING AN OFFICIAL HAVE EXPIRED , HE CANNOT CALL IN QUESTION HIS CLASSIFICATION ON RECRUITMENT UNLESS A NEW CIRCUMSTANCE ARISES WHICH MAKES IT NECESSARY TO RECONSIDER THE SITUATION .

WHERE CLASSIFICATION IS CONCERNED , THE MEASURE ADVERSELY AFFECTING THE OFFICIAL IS THE DECISION APPOINTING HIM AS A PROBATIONARY OFFICIAL .