Judgment No. 1756
Decision
1. The impugned decision is set aside in part.
2. The Director-General shall take a new decision as explained under 12.
3. UNESCO shall pay the complainant 15,000 French francs towards costs.
4. His other claims are dismissed.
Consideration 3
Extract:
"A firm line of precedent says that rights under a contract of employment may be express or implied, and include any that flow from general principles of the international civil service or human rights [...]."
Keywords
applicable law; case law; general principle; international civil service principles; contract
Consideration 10(b)
Extract:
"An organisation may not deny an employee access to any significant information which it has about him and which is or may later be put in his personal file. For one thing, such information may be helpful or harmful to him; for another, he must have the opportunity of challenging or adding to it."
Keywords
right of appeal; personal file; organisation's duties; duty to inform
Consideration 10(a)
Extract:
[A]n organisation, bound as it is, like its own employees, to show good faith, must avoid causing them undue injury. Precedents which declare the duty of care and consideration over its staff are to be found in, for example, Judgments 361, [...] under 9; 367, [...] under 4; 396, [...] under 6; 435, [...] under 5; 447, [...] under 4; 873, [...] under 5 and 7; and 942, [...] under 4.
Keywords
organisation's duties; respect for dignity; duty of care
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