Judgment No. 227

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 06.05.1974
• Original: French
• Judges: Letourneur, Grisel, Devlin
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

The complainant notified the organization of his intention to resign if he were not appointed to a suitable post. While inviting him to apply for suitable positions in the usual way, the organization said that in the absence of notification to the contrary it accepted his resignation. The complainant confirmed his resignation and thereby "deprived himself of the right to reinstatement in the organization in his former post or in any other."

Keywords

complainant; organisation; offer; separation from service; resignation; acceptance; consequence

Considerations

Extract:

By submitting his resignation, the complainant deprived himself of the right to reinstatement in the organization. "As it is free from illegality, the decision not to reinstate the complainant does not entitle him to any compensation."

Keywords

organisation; reinstatement; resignation; judicial review; refusal