Judgment No. 1475

• Organization: World Health Organization (WHO)
• Date: 01.02.1996
• Original: Anglais
• Judges: Douglas, Carroll, Barberis
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Consideration 13

Extract:

"The decision to terminate the complainant's appointment was a discretionary one, and consistent precedent has it that the Tribunal will not set aside a decision of that kind unless it shows a mistake of fact or law or a formal or procedural flaw, or some essential fact was overlooked or a clearly mistaken conclusion drawn from the evidence, or if there was abuse or lack of authority."

Keywords

case law; separation from service; termination of employment; judicial review; discretion

Consideration 16

Extract:

"The Organization lawfully dismissed the complainant under [Staff] Rule 1070.1: it gave her due written warning; it let her have reasonable time in which to improve; it paid her three months' salary in lieu of notice; and it was unable to reassign her locally."

Reference(s)

Organization rules reference: WHO STAFF RULE 1070.1

Keywords

due process; organisation's duties; staff regulations and rules; reassignment; termination of employment; notice

Consideration 17

Extract:

"It is inadmissible that a staff member should involve government officials in questioning the organization's internal workings."

Keywords

organisation; independence; staff member's duties; conduct