Judgment No. 1934

• Organization: International Telecommunication Union (ITU)
• Date: 03.02.2000
• Original: French
• Judges: Gentot, Egli, Ba
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 7

Extract:

The complainant was offered an exceptional separation package on the condition that he not appeal his separation and/or its terms and conditions. He accepted the same day. "There is no evidence that these commitments - which the complainant now appears to regret - were tainted by a fraudulent attitude or pressure from the [organisation]. The complainant accepted the terms and conditions of the settlement that he made with the organisation, some of which were very favourable, and he cannot challenge them now."

Keywords

waiver of right of appeal; good faith; terminal entitlements; abolition of post; termination of employment; agreed termination

Consideration 8

Extract:

"The complainant cannot invoke in his favour res judicata in a case to which he was neither party nor intervener."

Keywords

locus standi; complainant; intervention; res judicata; judgment of the tribunal