Judgment No. 1631

• Organization: World Health Organization (WHO)
• Date: 10.07.1997
• Original: English
• Judges: Fernando, Douglas, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The Organization shall either reinstate the complainant as set out in 24 or pay him damages as set out in 25.
3. It shall apply to him the reduction-in-force procedure.
4. It shall pay him interest at the rate of 8 per cent a year on the sums due.
5. It shall pay him 2,000 Swiss francs in costs.
6. All his other claims are dismissed.

Consideration 15

Extract:

In construing Rule 1050.6 and Manual paragraph II.9.260 the Tribunal will apply the principle that Judgment 470 declared under 3(d):
"The relationship between Organization and staff is governed by the Staff Regulations, the Staff Rules and the Manual. The Regulations are supplemented by the Rules, which are elaborated on in the Manual. There is therefore a hierarchy under which the Rules may not derogate from the Regulations, nor the Manual from the Rules."

Reference(s)

ILOAT Judgment(s): 470

Keywords

precedence of rules