Judgment No. 1633
Decision
1. The Director-General's implied decision to reject the complainant's claims is set aside.
2. The Organization shall grant him a fixed-term appointment for five years as from 1 November 1994.
3. If the agreement between the WHO and the International Organization for Migration on the sharing of the complainant's employment ends before 31 October 1999 the Organization shall reinstate him for the remainder of the period of five years in a post suited to his qualifications, experience and grade.
4. It shall pay him as from 1 November 1996 the salary, allowances and other entitlements due, including contributions to the United Nations Joint Staff Pension Fund and to the Staff Health Insurance Plan.
5. It shall pay him interest at the rate of 8 per cent a year on the sums due by way of salary, allowances and other entitlements since 1 November 1996 as from the due dates.
6.It shall pay him 5,000 Swiss francs in costs.
Consideration 8
Extract:
"The Organization may not rely on the complainant's apparent willingness in March 1995 to accept a two-year extension of his contract: since it did not reply to his letter [...] it did not accept his offer. In April 1995 he sought an extension by five years, thereby withdrawing any offer to settle for two."
Keywords
failure to answer claim; contract; extension of contract; offer; intention of parties; consequence; refusal; request by a party
Consideration 9
Extract:
"When [the complainant's] unpaid leave expired the Organization took no decision for sixteen months as to whether or not to extend his appointment, which was therefore automatically extended". The consequence of its failure to take a decision at the time is that the automatic extension of his contract was "by whatever period would have been normal." (In this case the normal period would have been five years).
Keywords
implied decision; failure to answer claim; practice; contract; extension of contract; consequence
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