Offer withdrawn (326,-666)

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Keywords: Offer withdrawn
Total judgments found: 9

• Judgment 4835

  
  138th Session, 2024
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to rescind an offer of employment that had been extended to him, on the basis that he had been disciplined for sexual misconduct.

  Considerations 8-10

  Extract:

  At the time when the […] rescission decision was made, the complainant had been sanctioned twice for breaches of the Code of Conduct and Anti-Harassment Guidelines. Before the 1 May 2020 final letter of warning which was eventually set aside, the complainant had received, on 29 July 2019, a first warning letter, following a preliminary assessment which concluded that he “had failed to accept a female subordinate’s repeated requests to end their personal relationship and had continued to make unwanted contact attempts of a personal or intimate nature, which appeared to have made the female subordinate in question uncomfortable and to have created an offensive working environment.” Therefore, the mention of “reference checks [...] [which] revealed that [the complainant] ha[d] been sanctioned for sexual misconduct” in the […] rescission decision can be regarded as covering the 29 July 2019 warning letter issued to the complainant, which alone provided a sufficient legal basis for IFRC to decide to rescind the conditional employment offer that had been extended to him on 26 June 2020. […] The complainant’s argument […] that a warning letter cannot be used to rescind an employment offer since it is “the second least serious disciplinary sanction open to the Secretary General” is also unfounded. The Tribunal considers that the complainant’s conduct underlying the 29 July 2019 warning letter is likely to have compromised the trust between him and the Federation, regardless of the type of disciplinary measure which was ultimately imposed […] [T]he Federation withdrew the conditional offer of employment based on a reference check revealing that the complainant had been sanctioned for sexual misconduct, which it was entitled to do as part of the exercise of its discretionary power.

  Keywords:

  appointment; conduct; disciplinary measure; discretion; offer withdrawn; sexual harassment;
  

  Consideration 2

  Extract:

  [T]he Tribunal has consistently stated, in consideration 7 of Judgment 4412, for example, that the appointment by an international organization of a candidate to a position is a decision that lies within the discretion of its executive head. It is subject to limited review and may be set aside only if it was taken without authority, or in breach of a rule of form or procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence.

  Reference(s)

  ILOAT Judgment(s): 4412
  

  Keywords:

  appointment; discretion; judicial review; offer withdrawn;
  

  Judgment keywords

  Keywords:

  complaint allowed; disciplinary measure; offer withdrawn; sexual harassment;
  

  
  
  

• Judgment 3938

  
  125th Session, 2018
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to confirm her appointment due to the rejection of her application for a work visa by the authorities of the country of her duty station.

  Judgment keywords

  Keywords:

  appointment; competence of tribunal; complaint dismissed; contract; host state; non official; offer withdrawn; ratione personae; receivability of the complaint;
  

  
  
  

• Judgment 3262

  
  116th Session, 2014
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.

  Judgment keywords

  Keywords:

  acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;
  

  
  
  

• Judgment 3112

  
  113th Session, 2012
  International Institute for Democracy and Electoral Assistance
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant did not sign the offer of appointment within the time limit prescribed by the organisation.
  "As the complainant herself acknowledged, there were still unresolved issues that she wished to have settled before entering into a contract. Accordingly, it cannot be said that at that time there was any contractual relationship between the parties, let alone an employment relationship. As there was no employment relationship, the complainant was not an official of the organisation. It follows that the Tribunal is not competent to hear the complaint and that, therefore, it must be dismissed."

  Keywords:

  acceptance; competence of tribunal; complaint; contract; non official; offer; offer withdrawn; official; refusal; status of complainant; terms of appointment; time limit;
  

  
  
  

• Judgment 1964

  
  89th Session, 2000
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "It is within the competence of the Tribunal to determine whether or not there is a contract of appointment by which the parties are bound and which would entitle the official covered by the contract to the rights enjoyed by the officials of an organisation that has recognised the Tribunal's jurisdiction. However, in the material case, the [organisation's] agreement to appoint the complainant was subject to the fulfilment of a condition which cannot be said to be a mere formality, namely, recognition that he was physically fit enough to discharge his functions. [...] Consequently, the complainant, who has never been an employee of the [organisation], is raising a matter which is not within the scope of the Tribunal's competence."

  Keywords:

  appointment; competence of tribunal; complainant; complaint; condition; contract; locus standi; medical examination; non official; offer; offer withdrawn; official; receivability of the complaint; status of complainant; tribunal;
  

  
  
  

• Judgment 1924

  
  88th Session, 2000
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  The complainant accepted a settlement proposal by the organization within the imposed deadline. However, four months went by and he heard nothing more on the subject so he wrote to inquire when the settlement would be effected. One month later he was informed that the organization had learned that certain costs would be higher than it had foreseen, therefore, it preferred that the dispute be decided by the Administrative Tribunal. "Efforts made for the resolution of disputes are to be encouraged and the principle of good faith requires that if an offer is accepted the other party cannot then withdraw from it. The offer [...] should, accordingly, be implemented."

  Keywords:

  acceptance; good faith; intention of parties; offer; offer withdrawn; organisation's duties; promise; settlement out of court; staff member's interest;
  

  
  
  

• Judgment 621

  
  53rd Session, 1984
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The Tribunal holds that a contract was concluded. Only the letter of appointment, a formality not requiring further agreement, was lacking. Owing to withdrawal of support from a third party, no action was taken, the project having been suspended. On the evidence, the Tribunal awards the complainant "damages for the direct injury caused by the administration's behaviour."

  Keywords:

  contract; injury; moral injury; offer; offer withdrawn;
  

  
  
  

• Judgment 542

  
  49th Session, 1982
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Someone who tries to conceal an awkward truth, even with skillful phrasing, may not defend the ruse by accusing the reader of an oversight. The Tribunal [...] holds that the complainant's attitude warranted the [organization's] imposing the penalty provided for in the letter of appointment" (withdrawal of the offer).

  Keywords:

  contract; misrepresentation; offer withdrawn;
  

  Consideration 3

  Extract:

  The penalty imposed was justified, but the complainant's appointment was terminated "without warning of the action that might be taken against him, although it [was] never said that the matter was urgent. The general principle of lawis that an administration may not impose a penalty on anyone before giving him an opportunity to comment on the charges against him".

  Keywords:

  contract; flaw; general principle; misrepresentation; offer withdrawn; procedural flaw; right to reply;
  

  
  
  

• Judgment 339

  
  40th Session, 1978
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 13-14

  Extract:

  There is a clause in the contract which provides that the employment may be terminated by either party upon written notice of two weeks. "The organization contends that if the appointment had been made, it could and would have terminated it by giving a fortnight's notice and accordingly that the indemnity payable to the complainant should be calculated on the loss of two weeks' employment. In the opinion of the Tribunal good faith would forbid the use of a clause of this type simply for the purpose of destroying the contract. There must be reasonable grounds to justify a premature termination."

  Keywords:

  contract; enforcement; good faith; notice; offer withdrawn; organisation; provision; termination of employment;
  

  Consideration 4

  Extract:

  The dispute turns on whether or not a contract was concluded. "The question whether the present case is within the Staff Regulation depends on whether a person whom the organization had agreed to appoint formally as a staff member is to be deemed to be de facto a staff member within the meaning of the Regulation."

  Keywords:

  contract; enforcement; offer; offer withdrawn; organisation; staff regulations and rules; status of complainant;
  

  Considerations 11-12

  Extract:

  There is nothing to suggest that the organization did not at the time of the contract intend to commit itself. The letter announcing the cancellation did not suggest that there had never been any commitment. The reason given was the financial situation of another body which was said to constitute a case of force majeure [...]. This point has not been pursued. the document constituted a contract for a conditional appointment.

  Keywords:

  budgetary reasons; condition; contract; force majeure; grounds; intention of parties; offer; offer withdrawn; organisation;
  

  Consideration 15

  Extract:

  The withdrawal of finance by another body might be shown "as having such a crippling effect on the organization's ability to continue with the contract as to constitute reasonable grounds for its termination. But there is no material in the dossier which would enable the Tribunal to reach any conclusion about the effect of the withdrawal [...]. There is nothing [...] to connect the disapprovals with any financial situation." And there are further reasons for supposing that there may have been other factors to consider.

  Keywords:

  budgetary reasons; contract; grounds; judicial review; lack of evidence; offer; offer withdrawn;