Judgment No. 1339

• Organization: World Health Organization (WHO)
• Date: 13.07.1994
• Original: English
• Judges: Fernando, Douglas, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

Both the complainant and his wife are international civil servants. They work for different organisations. The complainant claimed a share of the leave for which the rules provide in the event of childbirth. "But parental leave is something to be negotiated and agreed with the employer: it may not be claimed as of right. The WHO's rules provide for the grant of maternity leave, not of paternity or parental leave, and until the latter is agreed upon or prescribed the right to it does not exist."

Keywords

staff regulations and rules; provision; maternity leave; right

Consideration 12

Extract:

"An official's acceptance of the regulations and rules does not preclude his arguing that some provision of them is discriminatory as it affects him. If the organization's argument were sustained, no staff member would be free to challenge a rule. The complainant is entitled to found his case on the plea of discrimination even though in the event it proves unsuccessful."

Keywords

right of appeal; equal treatment; staff member's interest; staff regulations and rules; provision; acceptance