Judgment No. 1298

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 14.07.1993
• Original: English
• Judges: Fernando, Ruda, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 3 NOVEMBER 1992 IS QUASHED.
2. THE ORGANIZATION SHALL REINSTATE THE COMPLAINANT IN ACCORDANCE WITH WHAT IS SAID IN CONSIDERATION 16.
3. IT SHALL PAY HIM 3,000 UNITED STATES DOLLARS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 16

Extract:

In view of the complainant's "length of service, loss of pension entitlements if he is not reinstated and the difficulty he would no doubt face in finding other employment at his age, the Tribunal holds that it should order him reinstatement since it would not be fair just to award him financial compensation."

Keywords

equity; seniority; reinstatement; pension entitlements

Consideration 6

Extract:

Vide Judgment 1154, consideration 4.

Reference(s)

ILOAT Judgment(s): 1154

Keywords

decision; duty to substantiate decision; case law; organisation's duties; duty to inform; contract; fixed-term; non-renewal of contract; judicial review; discretion