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Judgment No. 856

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

"A resignation that has taken effect is final and may not be withdrawn unless the offer was tainted with some flaw that makes it void. There will ordinarily be such a flaw if the staff member underwent compelling outside pressure. [...] But more commonly the pressure will come from the employer."

Keywords

offer; resignation; application for quashing; lack of consent; condition

Consideration 3

Extract:

There are also several general principles that will apply even where there is no express rule, and one of them is that the offer may be withdrawn so long as it has not come into effect through acceptance by the employer."

Keywords

offer; resignation; application for quashing; acceptance

Consideration 2

Extract:

"All that Unesco's rules say on the matter is that the holder of an indeterminate appointment, like the complainant, may resign by giving three months' notice and that the Director-General may, at his discretion, accept resignation at shorter notice."

Keywords

resignation; notice; discretion; executive head

Consideration 2

Extract:

"According to general principles that apply to the international civil service an official may at any time offer his resignation without explanation. But to protect the organisation's rights as employer the offer takes effect only when accepted."

Keywords

general principle; international civil service principles; offer; resignation; acceptance



 
Last updated: 24.03.2020 ^ top