Judgment No. 4165

• Organization: Organisation for the Prohibition of Chemical Weapons (OPCW)
• Date: 03.07.2019
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision not to pay her certain entitlements upon separation from service.

Judgment keywords

Keywords

terminal entitlements; complaint dismissed

Consideration 7

Extract:

The Tribunal observes that Judgments 2838 and 3110 were cases involving persons employed on a number of short-term contracts with breaks in service by another organisation that had specific rules governing the conditions of service of its short-term officials. It was on this basis that the Tribunal ordered that the short-term contracts be converted to fixed-term contracts. In the present case the complainant has not referred to any provision in the OPCW’s regulatory regime that is similar to the rules in question in those judgments.

Reference(s)

ILOAT Judgment(s): 2838, 3110

Keywords

conversion of contract

Consideration 8

Extract:

The Tribunal observes that the Appeals Council’s report, which recommended that the complainant’s internal appeal be dismissed as the applicable rules had been respected and that the decision of 24 February 2015 was made to best represent the facts, was succinct. However, the opinion of the Council and the impugned decision provided sufficient bases in themselves and by reference to other texts to enable the complainant to challenge the decision and the Tribunal to exercise its power of review (see Judgments 3184, under 10, and 3772, under 10 and 11).

Reference(s)

ILOAT Judgment(s): 3184, 3772

Keywords

motivation; motivation of final decision