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Judgment No. 4223

Decision

The complaint is dismissed.

Summary

The complainant impugns UNESCO’s refusal to grant her claim for a lump sum in lieu of a special post allowance.

Judgment keywords

Keywords

agreed termination; complaint dismissed

Consideration 5

Extract:

[P]ursuant to the aforementioned clause preventing any challenge or appeal by the complainant concerning the terms of her departure from UNESCO, this complaint is irreceivable, as was, for the same reason, the request for the disputed allowance submitted to the Organization (see, for a similar precedent, Judgment 1934, consideration 7, or Judgments 2368, consideration 7, 3486, consideration 5, 3867, consideration 16, and 4161, consideration 11).

Reference(s)

ILOAT Judgment(s): 1934, 2368, 3486, 3867, 4161

Keywords

waiver of right of appeal; settlement agreement

Consideration 6

Extract:

[S]ince there is no evidence to show that the complainant signed the said agreement as a result of misrepresentation or duress on the Organization’s part, her consent to its provisions cannot be considered to have been vitiated. The lawfulness of the provisions of that agreement, which, as stated above, rule out any claim to a financial benefit except those specified therein, is hence not open to challenge.

Keywords

lack of consent



 
Last updated: 20.05.2020 ^ top