Judgment No. 307
1. Quashes the Director-General's decision of 16 February 1976 as requested in head (a) of the claim.
2. In satisfaction of head (b) of the claim, orders the Organization to pay to the complainant compensation equivalent to the amount of salary and related emoluments which he would have received if he had been reinstated on 1 July 1973 and continued in the Organization's employment until 30 June 1975.
3. In satisfaction of heads (c) and (d) of the claim, orders the Organization to pay to the complainant compensation equivalent to the contributions which it would have had to pay on his behalf to the Pension Fund and other Social Security and Insurance Funds if he had been reinstated and employed as aforesaid.
4. Dismisses as irreceivable the complaint under head (e) of the claim.
5. Orders the Organization to pay to the complainant 2,500 Swiss francs for legal costs.
6. Orders the Organization to pay to the complainant interest at the rate of 8 per cent per annum running from 1 July 1975 on the sums awarded under paragraphs 2 and 3 above.
"It is well understood that the appointment of a representative to a country has to be cleared with the government of that country."
government approval; appointment
"Paragraph 5 [of Article II] in the English text refers to non-observance of 'the terms of appointment', but in this context the word 'appointment' is not in the opinion of the Tribunal to be restricted to the narrow sense of a formal appointment. It must be treated as embracing a contract to make an appointment and in this sense it is consistent with the French text, 'contrat d'engagement'."
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
competence of tribunal; iloat statute; interpretation; language of rule; terms of appointment; contract
"[T]here is a clear distinction between a contract to appoint and the appointment itself, and it is normal to have an interval between the two so as to allow for the preparation of the formal documents. The payment of salary and the start of the official's duties, including the duty to travel to his place of work, would naturally be contemporaneous and begin on a date to be fixed by the letter of appointment."
time limit; contract; appointment; salary; date; payment
The complainant relies on an interview with an official acting as the spokesman of the organisation "and upon the previous correspondence between himself and the organisation. It is quite often the case that, when a contract of this sort has been concluded, it will be followed by a formal document; in the case of a large organisation which is accustomed to use its own forms, there will almost certainly be a letter of appointment. This does not mean that there can be no binding contract until the letter of appointment".
formal requirements; evidence; contract
There can be a binding contract before a letter of appointment has been issued. "There is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement."
evidence; contract; intention of parties; condition; definition