Judgment No. 978
1. THE DIRECTOR-GENERAL'S DECISION OF 27 MAY 1988 IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY TO THE COMPLAINANT ALL SUMS DUE FROM THE DATE OF HER MARRIAGE IN RESPECT OF HOME LEAVE, FAMILY VISIT, EDUCATION GRANT AND TRAVEL IN RESPECT OF DEPENDANTS WHICH IT WOULD HAVE PAID TO A MAN RECEIVING THE NON-RESIDENT'S ALLOWANCE AND MARRIED TO A FRENCH WOMAN.
3. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE SUM OF 15,000 FRENCH FRANCS IN COSTS.
4. THE APPLICATIONS TO INTERVENE ARE DISMISSED.
"None of the interveners is barred by any lapse of time from claiming entitlement to the non-resident's allowance and to the other benefits. [...] Acquiescence is not a valid plea open to the organization and a woman staff member may at any time object to discriminatory treatment."
intervention; receivability of the complaint; time bar; equal treatment; sex discrimination; continuing breach; allowance; non-resident allowance
"Since the rule was unlawful it could never become lawful by lapse of time or by acquiescence and a claim could therefore never be barred. Even though a claim to actual payment of the non-resident's allowance cannot succeed in these proceedings because of the complainant's failure to follow the proper internal procedure, the question of her entitlement to the allowance must be considered because of its bearing on the matter of the recurrent benefits."
receivability of the complaint; time bar; continuing breach; provision; allowance; non-resident allowance; flaw; right
UNESCO Staff Rule 031.14 (B) (III) formerly provided that "the non-resident's allowance shall not be paid, or shall cease to be paid, to a staff member [...] whose husband is a national of the country of the duty station" inasmuch as the word "husband" prevents the rule from applying to staff members whose wives are in the same situation, the provision is discriminatory and the impugned decision, which was based on the discriminatory provision, must therefore be quashed.
Organization rules reference: FORMER UNESCO STAFF RULE 103.14(B)(III)
marital status; equal treatment; sex discrimination; staff regulations and rules; amendment to the rules; provision; local status; non-local status; non-resident allowance; flaw