Judgment No. 1108
THE COMPLAINT IS DISMISSED.
After retiring from the Organization the complainant returned under a contract as a consultant. The letter of acceptance he signed indicated that he was being recruited locally. He argues that as a Swedish citizen whom the WHO contacted in Stockholm he was entitled to non-local status and the payment of a daily subsistence allowance. The Organization submits, rightly, that in putting his signature to the contract he accepted the terms of the offer.
external collaborator; terms of appointment; contract; daily subsistence allowance; local status; non-local status; acceptance
"Although [WHO] Manual provision II.12.320 [...] says that consultants shall be paid the subsistence allowance applicable to the country of the duty station, Staff Rule 1330 empowers the Director-General to 'appoint consultants without regard to the provisions of the other sections of the Rules'. So the Director-General's offer of an appointment as a consultant without the per diem allowance was quite lawful anyway."
Organization rules reference: WHO STAFF RULE 1330 WHO MANUAL PROVISION II.12.320
external collaborator; staff regulations and rules; enforcement; provision; contract; daily subsistence allowance; local status
If the complainant laid claim to payment of the per diem allowance he should have said so before signing the offer of appointment; the Organization would then have had the opportunity of maintaining or amending the terms of its offer. The complainant might have been entitled to claim the allowance if he had not signed a contract that expressly excluded it; but as it was he was bound by the terms of appointment to which he put his signature. He had, after all, spent 25 years in the service of the WHO, during which, moreover, he had gained experience of personnel matters, until he retired in 1985. It is therefore not open to him to plead unawareness of the consequences of his acceptance.