Judgment No. 2619

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 11.07.2007
• Original: English
• Judges: Ba, Gaudron, Barbagallo
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 6

Extract:

"The decision to grant special leave must be made on a case-by-case basis. It is not possible to assume that, because special leave has been granted to one staff member, it must be granted to all, unless all cases are identical in fact and in law. [...] Discrimination cannot be established until it is proved that staff members in identical situations were treated differently."

Keywords

exception; evidence; equal treatment; organisation's duties; breach; special leave; discretion; difference; same; official