Judgment No. 1289

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 14.07.1993
• Original: French
• Judges: Carroll, Razafindralambo, Fernando
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 9

Extract:

"As the Tribunal has said before, many decisions by international organisations that prompt complaints are unsubstantiated. Yet the staff member is still able to defend his rights. Though not stated in the actual text, the reasons for the decision may be discerned from earlier correspondence between the parties or in the last resort from the organization's brief in reply to the complaint, which the staff member may comment on in his rejoinder. Unless there is express derogation the rule is that the organization need not, if that is not its practice, state the reasons for all its decisions: what matters is that the absence of a statement should not be to the staff member's detriment."

Keywords

complaint; decision; duty to substantiate decision; injury; rejoinder; reply; case law; right to reply; organisation's duties; practice; motivation; motivation of final decision