Judgment No. 3486

• Organization: World Trade Organization (WTO)
• Date: 30.06.2015
• Original: Français
• Judges: Rouiller, Ba, Frydman
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to terminate his appointment.

Judgment keywords

Keywords

termination of employment; complaint dismissed

Consideration 4

Extract:

"The cessation of the employment relationship between the defendant organisation and the complainant was mutually agreed by the parties. There is no evidence in the file that the complainant signed this agreement as a result of misrepresentation, mistake or justified fear, or under the pressure of circumstances liable to vitiate his free consent (see, for example, Judgments 1075, under 11 to 14, and 1934, under 6 and 7)."

Reference(s)

Jugement(s) TAOIT: 1075, 1934

Keywords

agreed termination

Consideration 2

Extract:

The complainant has requested the convening of a hearing. However, in view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the case and does not therefore deem it necessary to grant this request.
In response to the request that the Tribunal order the production of various documents, the President of the Tribunal asked the WTO to produce one of them. As far as all the others are concerned, the request must be denied because it amounts to a “fishing expedition” which, in accordance with the Tribunal’s case law, cannot be accepted (see, for example, Judgments 2497, under 15, and 3345, under 9).

Reference(s)

Jugement(s) TAOIT: 2497, 3345

Keywords

fishing expedition