Judgment No. 803
1. The complaint is dismissed.
2. The Centre shall pay the complainant pro rata for the period during which he worked at the Centre.
According to the Tribunal's case law, a contract is concluded only if both parties have shown contractual intent, all the essential terms have been agreed on and all that may remain is a formality requiring no further agreement. The Tribunal holds that in this case those conditions are not fulfilled. The complainant neither accepted the work plan put to him by the defending organisation nor proved that promises were made to him.
iloat; lack of evidence; case law; contract; intention of parties; promise; condition; definition
"According to Article II, paragraph 4, of its Statute, the Tribunal is competent to hear disputes arising out of contracts to which the organisation is a party and which provide for the competence of the Tribunal in any case of dispute with regard to their execution. The Tribunal is competent to hear this case under that provision and because the International Computing Centre, which is party to the dispute, is administered by the World Health Organization, which has recognised the Tribunal's jurisdiction."
ILOAT reference: ARTICLE II(4) OF THE STATUTE
status of complainant; competence of tribunal; iloat statute; contract