Judgment No. 328
THE COMPLAINTS ARE DISMISSED.
"The facts as stated are consistent with the possibility that the complainants knew what they were doing and signed the [recruitment] form because they believed, probably correctly, that unless they did so they would not get the appointments they wanted. If this is so, it might be reprehensible conduct by the organization but it would not amount to concealment or to bad faith towards the complainants."
complainant; organisation; good faith; terms of appointment; local status; acceptance
"If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."
organisation; receivability of the complaint; good faith; non-retroactivity; allowance; local status; non-local status; refund; consequence; request by a party
The complainants claim benefits dependent on their having non-local status. WHO Staff Rule 280.7 sets a retroactive time limit of one year for such claims. The complainants knew what they were doing at the time of recruitment when they signed a modified appointment form in order to obtain their employment. The organization may have acted reprehensibly, but its conduct amounts neither to concealment nor to bad faith: the organization may therefore rely on the material provision.
Organization rules reference: WHO STAFF RULE 280.7
Jugement(s) TAOIT: 272
organisation; receivability of the complaint; time limit; good faith; non-retroactivity; allowance; non-local status; refund; consequence