Judgment No. 1233
THE COMPLAINT IS DISMISSED.
"The Tribunal disallows the complainant's application for oral proceedings and for the hearing of at least one of her witnesses. Since it has full submissions before it and the witness she most wants it to hear has already supplied evidence in writing, hearings would serve no useful purpose."
tribunal; testimony; oral proceedings; refusal
The complainant seeks the quashing of her dismissal for reasons of health. Such dismissal, she maintains, was wrong unless her incapacity was total. The claim "is receivable because several times she sought the quashing of her dismissal and put the matter to the Appeals Board. Though she did withdraw several appeals that were before the Board she never expressly waived her objections to dismissal."
claim; receivability of the complaint; internal appeal; internal remedies exhausted; waiver of right of appeal; withdrawal of suit; termination of employment; health reasons
"At the time of her dismissal for reasons of health under Staff Regulation 9.1 she was no longer able to carry out her duties and therefore met the conditions in that Regulation. The organization [...] afforded her all the safeguards international civil servants are entitled to. So there was no abuse of authority."
Organization rules reference: UNESCO STAFF REGULATION 9.1
decision; right to reply; staff regulations and rules; termination of employment; health reasons; incapacity; medical fitness; misuse of authority
The complainant objects to UNESCO's holding up her dismissal indemnity and to the slowness of the compensation procedure, for which she claims damages. "The evidence does reveal unfortunate delay and remarkable dilatoriness in settling the case. But the organization may not be held liable for any particular negligence warranting an award of special damages under this head. The delay in sorting out the various issues of the case was due to a combination of several factors: procedural complications, the changing nature of the complainant's health, her living far from headquarters, and the need - for her own sake too - for many medical inquiries."
lack of injury; administrative delay; delay; allowance; terminal entitlements; misconduct; refusal; request by a party