Judgment No. 702
THE APPEAL IS ALLOWED, THE DIRECTOR'S DECISION OF 2 OCTOBER 1984 IS QUASHED AND THE ORGANIZATION IS ORDERED TO PAY TO THE COMPLAINANT:
1. THE SUM OF 18,756 UNITED STATES DOLLARS AS COMPENSATION WITH INTEREST THEREON AT THE RATE OF 10 PER CENT PER ANNUM FROM 1 JULY 1983 UNTIL THE DATE OF PAYMENT; AND
2. THE SUM OF $1,000 TOWARDS HIS LEGAL COSTS.
Consideration 1, Summary
The Tribunal finds that even though the complainant was never strictly speaking a staff member of the organization his link with it was more than a purely casual one. Accordingly, the organization's objection to the Tribunal's jurisdiction is overruled.
status of complainant; external collaborator; competence of tribunal; contract; short-term; ratione personae
"From all the evidence in the dossier the Tribunal concludes that the work done for the PAHO by the complainant over more than eleven years was a continuous whole and that its division into contractual periods as a short-term consultant was fictitious. The mutual intention, formed, if not at the beginning, then at the latest by 1976, was that the complainant should be employed for as long as his services were required and he was willing to give them."
external collaborator; tribunal; interpretation; successive contracts; short-term; intention of parties
"The Tribunal assesses the period of the notice which PAHO ought to have given as twelve months, that is, one month for every year or fraction of a year of service. This is the measure prescribed by Uruguayan labour law and it is also one which is employed in a number of other countries."
amount; domestic law; enforcement; contract; short-term; non-renewal of contract; notice