Judgment No. 1278

• Organization: World Health Organization (WHO)
• Date: 14.07.1993
• Original: Anglais
• Judges: Fernando, Ruda, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 24 JULY 1992 IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT DAMAGES IN THE AMOUNTS SET OUT IN CONSIDERATION 16.
3. IT SHALL PAY HIM $700 IN COSTS.

Consideration 12

Extract:

"In Judgment 782 [...] the Tribunal stated the circumstances in which it would enforce a promise by an international organisation to a staff member. The promise must be substantive, i.e. to act, or not to act, or to allow; it must come from someone who is competent or deemed competent to make it; the breach of it must cause injury to the person who relies on it; and the position in law must not have altered between the date of the promise and the date at which fulfilment is due. It does not matter what form the promise takes: it may be written or oral, express or implied."

Reference(s)

Jugement(s) TAOIT: 782

Keywords

competence; case law; good faith; organisation's duties; promise; decision-maker; condition; duty of care

Consideration 14

Extract:

"The WHO may not absolve itself from liability for keeping a promise by pointing to the provision that there shall be no expectation of renewal."

Keywords

organisation's duties; staff regulations and rules; contract; extension of contract; fixed-term; promise; right