Waiver of right of appeal (99,-666)

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Keywords: Waiver of right of appeal
Total judgments found: 27

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• Judgment 436

  
  45th Session, 1980
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "Even if the complainant had succeeded on the facts, he would fail in law in his plea of nullification [of the agreement on the termination of his appointment. Well before the agreement took effect] he knew all the matters which have led him to conclude that he was the victim of deception and bad faith. If what he believed was true, it probably would have entitled him to rescind the agreement. But he chose instead to affirm it by accepting payment of all the sums which the agreement secured for him and he cannot now refuse to be bound by it."

  Keywords:

  acceptance; agreed termination; good faith; terminal entitlements; waiver of right of appeal;
  

  
  
  

• Judgment 431

  
  45th Session, 1980
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3-4

  Extract:

  "It is true that an official may have a good reason for waiving his rights. But the Tribunal will not consider such waiver to be established unless it may be clearly inferred from all the circumstances of the case. It may not be inferred merely from statements which the official may have made on one particular day: it must be evident from his general attitude over a longer period of time." The complainant's signature (on an extension of contract) cannot be interpreted in the present case as a waiver which precludes his claiming relief from the Tribunal.

  Keywords:

  condition; contract; extension of contract; fixed-term; non-renewal of contract; right of appeal; waiver of right of appeal;
  

  
  
  

• Judgment 414

  
  44th Session, 1980
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The complainant had a choice between two solutions: either to go ahead with the internal procedure or to enter into a fixed-term contract. He was able to make his choice freely and was not subject to any pressure. "The most that can be said is that there would have been duress had the [organisation] declared a fictitious abolition of the complainant's appointment without limit of time in order to make him consent to a fixed-term appointment. But it did not do so. The abolition of his permanent post formed part of a real reorganisation and was no mere pretext.

  Keywords:

  abolition of post; acceptance; contract; duration of appointment; duress; fixed-term; permanent appointment; waiver of right of appeal;
  

  
  
  

• Judgment 363

  
  41st Session, 1978
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  If, as "is very doubtful, the language of the letter [...] is sufficient to attach to the payment the condition that the complainant would by accepting it abandon his right to appeal to the Tribunal, this condition would be invalid and of no effect."

  Keywords:

  acceptance; condition; installation allowance; payment; waiver of right of appeal;
  

  
  
  

• Judgment 84

  
  14th Session, 1965
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The organization submits that the complaint is without cause and inadmissible on the ground that the complainant, having accepted the compensation fixed by the [internal appeals body] as an alternative to the offer of a [...] new post, cannot now contest the Director-General's decision to dismiss him. The Tribunal rejects this submission. There is nothing to show that the complainant accepted the compensation in full settlement of his claims and so he is not thereby precluded from contending that it is insufficient."

  Keywords:

  acceptance; terminal entitlements; termination of employment; waiver of right of appeal;
  

  
  
  

• Judgment 28

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (A)

  Extract:

  "The complainant, by accepting on several occasions and without reservation the payments made to him by the organisation [...], may be considered under general principles of law as having acquiesced in the actual offers which were made to him and as having relinquished the remainder of his claims."

  Keywords:

  acceptance; acquiescence; cause of action; compensation; no cause of action; offer; waiver of right of appeal;
  

  
  
  

• Judgment 16

  
  5th Session, 1955
  International Institute of Intellectual Co-operation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (A)

  Extract:

  "By acquiescing [...] in the reply given to her by the Director [...] (according to which reply the claim made by the complainant at the time of her termination that the termination certificate should state her grade as that of chief clerk was not founded), the complainant abandoned the only grievance which she claimed at the time against [the Institute] in so doing she waived the means of appeal open to her under the Staff Regulations".

  Keywords:

  acquiescence; internal appeal; no cause of action; termination of employment; waiver of right of appeal;
  

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