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Judgment No. 1232

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 6 JANUARY 1992 IS SET ASIDE.
2. THE ORGANIZATION SHALL REINSTATE THE COMPLAINANT AS FROM 1 NOVEMBER 1984 UP TO 22 JULY 1988, RESTORE HIS PENSION ENTITLEMENTS AND SICKNESS INSURANCE COVERAGE BOTH FOR HIMSELF AND FOR HIS DEPENDANTS, AND PAY HIM THE SUMS TO BE RECKONED AS SET OUT IN 5 ABOVE.
3. IT SHALL PAY HIM 50,000 FRENCH FRANCS IN MORAL DAMAGES.
4. IT SHALL PAY HIM 20,000 FRENCH FRANCS IN COSTS.

Consideration 3

Extract:

The complainant was sentenced to imprisonment in his country of origin. After his release, however, he was not allowed to go abroad. after being entitled to do so, he sent a letter to the Director-General regarding the organization's acceptance of his application for early retirement, which he had worded under duress, when he was still compelled to remain in his country. Receiving no answer and about one year after leaving the country, he challenged the rejection he inferred from the Director-General's silence. The complainant went to the Appeals Board, but the Director-General rejected its recommendation on the grounds that the appeal was irreceivable, being out of time. The Tribunal considers that "the delay was understandable in the unusual circumstances of [the] case [...] the conclusion is that he was not out of time."

Keywords

complaint allowed; receivability of the complaint; internal appeals body; internal appeal; delay; exception; time bar; decision quashed

Consideration 5

Extract:

The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "On the evidence he was a good employee and he had his appointment constantly renewed from the start of his imprisonment until the date of consent to his early retirement. He might therefore have reasonably expected renewal of appointment up to the age of retirement."

Keywords

complaint allowed; decision quashed; legitimate expectation; work appraisal; satisfactory service; contract; extension; fixed-term; condition

Consideration 5

Extract:

The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "The organization must reinstate [the complainant] and restore pension and sickness insurance entitlements for himself and his dependants. It shall pay him damages reckoned according to the amount of the salary and allowances he would have been entitled to".

Keywords

complaint allowed; successor; judgment of the tribunal; decision quashed; reconstruction of career; reckoning; salary; allowance; insurance; illness; pension entitlements; consequence

Consideration 3

Extract:

The complainant is challenging the implied rejection of a claim which he put to the Director-General but met with silence. The appeals body agreed to examine his appeal but the Director-General considered it irreceivable. The organization argues that no implied rejection arises from the Director-General's failure to answer a claim which he did not consider specific enough. Although the text of his claim is "somewhat vague about just what sort of action he wants, he makes it quite clear he is expecting redress for injury he blames on the organization. His letter therefore meets the requirements of the precedents actually cited by the defendant, which say that the staff member may infer rejection only when he has put formal claims plainly stating the nature of his demands."

Keywords

complaint allowed; implied decision; failure to answer claim; decision quashed; case law; condition

Consideration 4

Extract:

Having been held in his home country against his wishes, the complainant applied, under duress, for early retirement, and the authorities of his country forwarded his application to the organization. "As soon as he was able to show that he had acted under duress UNESCO had the duty, according to the general principles that guarantee the independence of international civil servants, to grant relief. Such independence means that a staff member may not be put on early retirement where a member State has ordered him to apply for it."

Keywords

complaint allowed; international civil servant; organisation; decision quashed; burden of proof; independence; member state; international civil service principles; organisation's duties; early retirement; lack of consent; request by a party



 
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