Judgment No. 1108

• Organization: World Health Organization (WHO)
• Date: 03.07.1991
• Original: Anglais
• Judges: Ducoux, Suffian, Pescatore
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

SUMMARY

Extract:

AFTER RETIRING FROM THE ORGANIZATION THE COMPLAINANT RETURNED UNDER A CONTRACT AS A CONSULTANT. THE LETTER OF ACCEPTANCE HE SIGNED INDICATED THAT HE WAS BEING RECRUITED LOCALLY. HE ARGUES THAT AS A SWEDISH CITIZEN WHOM THE WHO CONTACTED IN STOCKHOLM HE WAS ENTITLED TO NON-LOCAL STATUS AND THE PAYMENT OF A DAILY SUBSISTENCE ALLOWANCE. THE ORGANIZATION SUBMITS, RIGHTLY, THAT IN PUTTING HIS SIGNATURE TO THE CONTRACT HE ACCEPTED THE TERMS OF THE OFFER.

Keywords

complainant; external collaborator; waiver of right of appeal; terms of appointment; contract; daily subsistence allowance; local status; non-local status; acceptance

CONSIDERATIONS 5 AND 6

Extract:

"ALTHOUGH [WHO] MANUAL PROVISION II.12.320 [...] SAYS THAT CONSULTANTS SHALL BE PAID THE SUBSISTENCE ALLOWANCE APPLICABLE TO THE COUNTRY OF THE DUTY STATION, STAFF RULE 1330 EMPOWERS THE DIRECTOR-GENERAL TO 'APPOINT CONSULTANTS WITHOUT REGARD TO THE PROVISIONS OF THE OTHER SECTIONS OF THE RULES'. SO THE DIRECTOR-GENERAL'S OFFER OF AN APPOINTMENT AS A CONSULTANT WITHOUT THE PER DIEM ALLOWANCE WAS QUITE LAWFUL ANYWAY."

Reference(s)

Organization rules reference: WHO STAFF RULE 1330 WHO MANUAL PROVISION II.12.320

Keywords

external collaborator; staff regulations and rules; enforcement; provision; contract; daily subsistence allowance; local status