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Offer withdrawn (326,-666)

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Keywords: Offer withdrawn
Total judgments found: 8

  • Judgment 3938


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    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:

    appointment; competence of tribunal; contract; host state; non official; offer withdrawn; ratione personae; receivability of the complaint;



  • Judgment 3262


    116th Session, 2014
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who applied for the position of Legal Advisor, was offered the post, but at a grade lower than that at which it was advertised.

    Judgment keywords

    Keywords:

    acceptance; appointment; candidate; compensation; contract; grade; moral injury; offer; offer withdrawn; post; respect for dignity;



  • Judgment 3112


    113th Session, 2012
    International Institute for Democracy and Electoral Assistance
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant did not sign the offer of appointment within the time limit prescribed by the organisation.
    "As the complainant herself acknowledged, there were still unresolved issues that she wished to have settled before entering into a contract. Accordingly, it cannot be said that at that time there was any contractual relationship between the parties, let alone an employment relationship. As there was no employment relationship, the complainant was not an official of the organisation. It follows that the Tribunal is not competent to hear the complaint and that, therefore, it must be dismissed."

    Keywords:

    acceptance; competence of tribunal; complaint; contract; international civil servant; offer; offer withdrawn; refusal; status of complainant; terms of appointment; time limit;



  • Judgment 1964


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is within the competence of the Tribunal to determine whether or not there is a contract of appointment by which the parties are bound and which would entitle the official covered by the contract to the rights enjoyed by the officials of an organisation that has recognised the Tribunal's jurisdiction. However, in the material case, the [organisation's] agreement to appoint the complainant was subject to the fulfilment of a condition which cannot be said to be a mere formality, namely, recognition that he was physically fit enough to discharge his functions. [...] Consequently, the complainant, who has never been an employee of the [organisation], is raising a matter which is not within the scope of the Tribunal's competence."

    Keywords:

    appointment; competence of tribunal; complainant; complaint; condition; contract; international civil servant; locus standi; medical examination; offer; offer withdrawn; receivability of the complaint; status of complainant; tribunal;



  • Judgment 1924


    88th Session, 2000
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant accepted a settlement proposal by the organization within the imposed deadline. However, four months went by and he heard nothing more on the subject so he wrote to inquire when the settlement would be effected. One month later he was informed that the organization had learned that certain costs would be higher than it had foreseen, therefore, it preferred that the dispute be decided by the Administrative Tribunal. "Efforts made for the resolution of disputes are to be encouraged and the principle of good faith requires that if an offer is accepted the other party cannot then withdraw from it. The offer [...] should, accordingly, be implemented."

    Keywords:

    acceptance; complaint allowed; complaint allowed in part; good faith; intention of parties; offer; offer withdrawn; organisation's duties; promise; settlement out of court; staff member's interest;



  • Judgment 621


    53rd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal holds that a contract was concluded. Only the letter of appointment, a formality not requiring further agreement, was lacking. Owing to withdrawal of support from a third party, no action was taken, the project having been suspended. On the evidence, the Tribunal awards the complainant "damages for the direct injury caused by the administration's behaviour."

    Keywords:

    complaint allowed; contract; injury; moral damages; offer; offer withdrawn;



  • Judgment 542


    49th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Someone who tries to conceal an awkward truth, even with skillful phrasing, may not defend the ruse by accusing the reader of an oversight. The Tribunal [...] holds that the complainant's attitude warranted the [organization's] imposing the penalty provided for in the letter of appointment" (withdrawal of the offer).

    Keywords:

    contract; misrepresentation; offer withdrawn;

    Consideration 3

    Extract:

    The penalty imposed was justified, but the complainant's appointment was terminated "without warning of the action that might be taken against him, although it [was] never said that the matter was urgent. The general principle of lawis that an administration may not impose a penalty on anyone before giving him an opportunity to comment on the charges against him".

    Keywords:

    contract; flaw; general principle; misrepresentation; offer withdrawn; procedural flaw; right to reply;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13 and 14

    Extract:

    there is a clause in the contract which provides that the employment may be terminated by either party upon written notice of two weeks. "the organization contends that if the appointment had been made, it could and would have terminated it by giving a fortnight's notice and accordingly that the indemnity payable to the complainant should be calculated on the loss of two weeks' employment. in the opinion of the tribunal good faith would forbid the use of a clause of this type simply for the purpose of destroying the contract. there must be reasonable grounds to justify a premature termination."

    Keywords:

    contract; enforcement; good faith; notice; offer withdrawn; organisation; provision; termination;

    Consideration 4

    Extract:

    the dispute turns on whether or not a contract was concluded. "the question whether the present case is within the staff regulation depends on whether a person whom the organization had agreed to appoint formally as a staff member is to be deemed to be de facto a staff member within the meaning of the regulation."

    Keywords:

    contract; enforcement; offer; offer withdrawn; organisation; staff regulations and rules; status of complainant;

    Considerations 11 and 12

    Extract:

    there is nothing to suggest that the organization did not at the time of the contract intend to commit itself. the letter announcing the cancellation did not suggest that there had never been any commitment. the reason given was the financial situation of another body which was said to constitute a case of force majeure... this point has not been pursued. the document constituted a contract for a conditional appointment.

    Keywords:

    budgetary reasons; condition; contract; force majeure; grounds; intention of parties; offer; offer withdrawn; organisation;

    Consideration 15

    Extract:

    the withdrawal of finance by another body might be shown "as having such a crippling effect on the organization's ability to continue with the contract as to constitute reasonable grounds for its termination. but there is no material in the dossier which would enable the tribunal to reach any conclusion about the effect of the withdrawal... there is nothing ... to connect the disapprovals with any financial situation." and there are further reasons for supposing that there may have been other factors to consider.

    Keywords:

    budgetary reasons; complaint allowed; contract; decision quashed; grounds; judicial review; lack of evidence; offer; offer withdrawn;


 
Last updated: 19.09.2019 ^ top