Judgment No. 28
THE TRIBUNAL REJECTS THE CLAIMS OF THE COMPLAINANT AND ORDERS HIM TO RETURN THE LAISSEZ-PASSER WHICH WAS DELIVERED TO HIM ONLY FOR THE DURATION OF HIS EMPLOYMENT AND WHICH HE WAS BOUND TO RETURN ON EXPIRY OF THE LATTER.
"The complainant, by accepting on several occasions and without reservation the payments made to him by the organisation [...], may be considered under general principles of law as having acquiesced in the actual offers which were made to him and as having relinquished the remainder of his claims."
cause of action; no cause of action; waiver of right of appeal; offer; acceptance; compensation; acquiescence
"The complainant wrongly alleges that english law is applicable as his national law, whereas the Tribunal is bound exclusively by the internal law of the organisation [...] as well as by general principles of law."
arbitration; applicable law; general principle; domestic law; staff regulations and rules; enforcement
"It is for the complainant to supply evidence of his allegations concerning the false and fraudulent character of these reports*; [...] in the absence of such evidence, all such allegations should be rejected."
*three unanimous reports received by the Headquarters Administration.
complainant; burden of proof; lack of evidence; performance report; rebuttal; flaw