Judgment No. 1484

• Organization: World Health Organization (WHO)
• Date: 01.02.1996
• Original: Français
• Judges: Egli, Douglas, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 17 MAY 1994 IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE EQUIVALENT OF THE AMOUNTS THAT HE WOULD HAVE BEEN PAID HAD HIS APPOINTMENT EXPIRED AT 31 MARCH 1994.
3. IT SHALL PAY HIM 2,500 SWISS FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 8

Extract:

"According to general precepts of administrative law and the law of the international civil service an organization may not unilaterally take action that affects a staff member's status before letting him have his say".

Keywords

general principle; right to reply; international civil service principles; organisation's duties

Consideration 9

Extract:

"Although the complainant was informed of the objections to his work and behaviour, he was never given any warning that was recognisable as such of the organization's intention of ending his appointment before expiry. [...] The decision he impugns shows a serious formal flaw and cannot stand."

Keywords

organisation's duties; separation from service; termination of employment; notice; formal flaw