Judgment No. 1924
1. THE ORGANIZATION'S OFFER OF A SETTLEMENT DATED 16 OCTOBER 1998 SHALL BE IMPLEMENTED BY THE ORGANIZATION.
2. THE COMPLAINANT IS ENTITLED TO 5,000 UNITED STATES DOLLARS FOR COSTS.
3. ALL HIS OTHER CLAIMS ARE DISMISSED.
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."
complaint allowed; complaint allowed in part; settlement out of court; good faith; organisation's duties; staff member's interest; offer; intention of parties; offer withdrawn; promise; acceptance