Judgment No. 1367

• Organization: World Health Organization (WHO)
• Date: 13.07.1994
• Original: English
• Judges: Ruda, Gentot, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 1 MAY 1993 IS QUASHED.
2. THE CASE IS SENT BACK TO THE ORGANIZATION FOR A NEW DECISION ON THE TIME LIMIT FOR THE REFUND OF THE COSTS OF REMOVAL OF THE COMPLAINANT'S HOUSEHOLD GOODS.
3. THE ORGANIZATION SHALL PAY THE COMPLAINANT 4,000 SWISS FRANCS IN COSTS.

Considerations 11 and 16

Extract:

"The dispute is about the time in which a staff member of WHO may exercise his right to removal of his household effects at the organization's expense upon retirement. [...] The Director-General's decision is arbitrary, not just because it fails to state the reasons for choosing the [...] new deadline for the refund of the costs of removal, but because it gives no consistent reply to the complainant's claim. It is a wrong exercise of discretion."

Keywords

decision; duty to substantiate decision; time limit; breach; removal expenses; refund; discretion; limits; bias