Judgment No. 4223
The complaint is dismissed.
The complainant impugns UNESCO’s refusal to grant her claim for a lump sum in lieu of a special post allowance.
agreed termination; complaint dismissed
[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).
ILOAT Judgment(s): 1934, 2368, 3486, 3867, 4161
waiver of right of appeal; settlement agreement
[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.
lack of consent