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Host State (673,-666)

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Keywords: Host State
Total judgments found: 4

  • 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    appointment; competence of tribunal; contract; host state; non official; offer withdrawn; ratione personae; receivability of the complaint;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 3608


    121st Session, 2016
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the final administrative decision of the Director General by which he dismissed her internal appeal against the decision not to pay her moral damages for harassment and for injury to her dignity and reputation.

    Judgment keywords

    Keywords:

    harassment; host state;



  • Judgment 3510


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant objects to the excessive length of the process of obtaining a visa for his wifeís adopted daughter.

    Consideration 9

    Extract:

    "The forms and methods of approaching the authorities of the host country of an international organisation are a matter for the discretion of the executive body of that organisation, which is free to choose what it regards as the most appropriate course of action."

    Keywords:

    host state;



  • Judgment 3141


    113th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 35-37

    Extract:

    The Tribunal must emphasise that the manner in which WHO handled this case amounted to serious wrongdoing. The abrupt termination of the complainantís appointment after the measures adopted by the Swiss authorities was prompted by an anomalous situation which, although it was primarily due to the complainantís unlawful presence in Switzerland dating back several years, was also the result of grave malfunctioning within the Organization.
    Indeed, when recruiting its officials an international organisation must ensure that their status complies with the laws of the host State governing the residence of aliens, failing which it may be held to have abused the privileges and immunities conferred upon it and upon its staff members.
    In the instant case WHO acted with great negligence from this point of view since, as is plain from the file, it failed to carry out any checks to ascertain the complainantís status in this respect when he was recruited and when his appointment was extended on the first two occasions. This negligence was aggravated when the complainant then submitted an application for a legitimation card, because the Organization mechanically forwarded this application to the Permanent Mission of Switzerland, although the complainant merely produced the above-mentioned power of attorney with the letterhead of the UNIA trade union as proof that he was lawfully present in Switzerland. Clearly this document could not be deemed in any way to be the equivalent of a residence permit issued by the Swiss authorities, or even as a guarantee that the complainantís status would be regularised in the near future.

    Keywords:

    host state; negligence; termination;

    Judgment keywords

    Keywords:

    host state; non-renewal of contract; swiss legitimation card;

    Consideration 42

    Extract:

    It is obviously not incumbent upon the Tribunal to express an opinion as to whether the actions of the authorities of the host State of an international organisation are lawful, particularly with respect to the stipulations of the headquarters agreement between them, as such actions may ordinarily be challenged only in the courts of that State.

    Keywords:

    competence of tribunal; host state;


 
Last updated: 19.09.2019 ^ top