Judgment No. 2368
The complaints are dismissed.
In the context of a voluntary staff reduction programme the complainants signed individual letters agreeing to their termination of appointment. Once the agreed termination was concluded, neither the separation itself nor the conditions agreed upon were subject to revision. The complainants were entitled to either a termination indemnity or an end-of-service-allowance, whichever was greater. They received the termination indemnity and want the Organization to pay them the end-of-service-allowance. The Tribunal considers that "each complainant expressly waived his/her right to appeal the separation from service or to seek any form of compensation other than the payments specified in the letter of agreed termination. In view of that waiver, the complainants could not contest an overall financial settlement which [...] did not allow them to claim any further indemnity. The Tribunal finds no misrepresentation on the part of the Organization and considers that the terms of [...] the letters signed by the complainants - which have acquired contractual status - were clear. It therefore rejects the complainants' claims."
waiver of right of appeal; terminal entitlements; termination of employment; agreed termination; staff reduction; acceptance; binding character; compensatory measure