Judgment No. 2840
Decision
1. The complaint is receivable.
2. WHO shall file its reply on the merits with the Registrar within thirty days of the delivery of this judgment and the remaining steps in this proceeding shall be taken in accordance with the Tribunal's Rules.
Consideration 14
Extract:
"The Tribunal rejects WHO's reliance on its letter [...] as being a communication of a decision that the complainant would not need to have an exit medical examination. There is no basis upon which it could be inferred from the statement «the administrative formalities have been completed» that the mandatory exit medical examination provided for in the Staff Rules was being unilaterally waived. Given that an exit medical examination is mandatory and has potentially significant legal consequences for both parties, it would be expected that a deviation from the norm would be specifically communicated."
Keywords
organisation's duties; duty to inform; staff member's interest; staff regulations and rules; separation from service; medical examination
Consideration 18
Extract:
"WHO Staff Regulations and Staff Rules governing the internal appeal process only refer to a «staff member» and not to a «former staff member». However, Staff Rule 1240.2, which stipulates the conditions for recourse to the Tribunal, does not refer to a «staff member» but to a «person». [...] This is also consistent with Article II, paragraph 6, of the Statute of the Tribunal, according to which the Tribunal shall be open to an official, even if his employment has ceased."
Reference(s)
ILOAT reference: Article 2, paragraph 6, of the Statute
Keywords
status of complainant; internal appeal; right of appeal; staff regulations and rules; separation from service
Consideration 21
Extract:
"[T]he Tribunal finds that under the WHO Staff Regulations and Staff Rules where a decision has not been communicated until after a staff member has separated from service, the former staff member does not have recourse to the internal appeal process. In these circumstances, a former staff member has recourse to the Tribunal (see Judgment 2582 and the case law cited therein)."
Reference(s)
Jugement(s) TAOIT: 2582
Keywords
status of complainant; internal appeal; tribunal; right of appeal; staff regulations and rules; separation from service
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