Judgment No. 3938

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 24.01.2018
• Original: Anglais
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision not to confirm her appointment due to the rejection of her application for a work visa by the authorities of the country of her duty station.

Judgment keywords

Keywords

receivability of the complaint; competence of tribunal; contract; appointment; offer withdrawn; host state; ratione personae; non official; complaint dismissed

Considerations 11 and 12

Extract:

[The Organization] advised the complainant that [...] the [host State] authorities [...] would not issue her an entry visa [...].
As the complainant’s appointment was conditional on her obtaining a work visa, her appointment was not confirmed. It follows that as she was not a UNESCO official, her complaint is irreceivable and will be dismissed.

Keywords

receivability of the complaint; competence of tribunal; terms of appointment; ratione personae; non official