Judgment No. 4534

• Organization: World Health Organization (WHO)
• Date: 06.07.2022
• Original: English
• Judges: Moore, Gascon, De Nictolis
• Full judgment text - Full judgment text (french)

Decision

The complaints are dismissed.

Summary

The complainant, a former staff member of UNAIDS, challenges the decision to separate him from service on 31 October 2018, being the date on which he reached his retirement age according to the Staff Rules then in force, as well as the decision not to approve an exceptional extension of his appointment beyond retirement age.

Judgment keywords

Keywords

extension of contract; un common system; retirement age; complaint dismissed

Consideration 7

Extract:

The various elements of a promise and related circumstances that give rise to a legal liability to honour the promise, are fourfold. The third element is that the breach of the promise would cause injury to the person who relies on it. The third element has two sub-elements. One is that the promisee has relied on the promise and the second is that this reliance has caused injury to the promisee in the event of non-fulfilment of the promise (see Judgment 3619, consideration 14).

Reference(s)

ILOAT Judgment(s): 3619

Keywords

promise

Consideration 17

Extract:

An internal appeal body has a duty to address pleas of substance (see, for example, Judgments 4169, consideration 5, and 4063, consideration 5).

Reference(s)

ILOAT Judgment(s): 4063, 4169

Keywords

internal appeals body; plea