Judgment No. 459
THE COMPLAINT IS DISMISSED.
"Either the view is taken that the contract may be amended only by common consent of the parties, and the Tribunal may not require any amendment of the contract. In that case, [as] the organization has refused [the amendment submitted by the complainant], the Tribunal may not interfere. The alternative view is that the Tribunal may have the parties make the amendments required by the application of the principle of good faith".
tribunal; good faith; amendment to the rules; contract
"Upon receiving an appointment a staff member is required to give the date of his birth. The date so recorded in the contract of appointment may affect his rights and obligations in a number of ways; certainly it settles the date on which he is due to retire." The complainant may not rely on the principle of good faith "since in any case, when the first correction of date was made, he ought to have taken every precaution to determine the exact date of his birth."
date of birth; organisation; good faith; amendment to the rules; staff member's duties; refusal