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Judgment No. 952

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

WHO Manual provision II.2.430.2 was amended so as to restrict the possibility of having adopted blood relatives treated as dependants. The complainant submits that the amendment infringed an acquired right. The Tribunal held that "the right which the amendment removed cannot be deemed to have constituted any essential part of the complainant's terms of appointment, and the allegation of breach of an acquired right is therefore unsound."

Reference(s)

Organization rules reference: WHO MANUAL PROVISION II.2.430.2

Keywords

acquired right; staff regulations and rules; amendment to the rules; provision; family relationship; dependant; dependent child; adoption

Considerations 4-5

Extract:

"The burden is on the complainant to satisfy the organization that the adoption was lawful, and he has failed to discharge it. [...] The complainant has not met the further requirement that he must satisfy the organization that at the date of the adoption the parents of his grandson were deceased or permanently incapacitated and unemployable."

Keywords

complainant; evidence; burden of proof; adoption; parent; death; invalidity; condition



 
Dernière mise à jour: 01.09.2020 ^ haut