Judgment No. 2667

• Organization: World Tourism Organization (UNWTO)
• Date: 06.02.2008
• Original: French
• Judges: Ba, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 5

Extract:

"The duty to act independently and impartially is incumbent not only on the authority competent for issuing the final formal decision in proceedings, but also on bodies responsible for giving an advisory opinion or for making a recommendation to this authority, a fortiori where the recommendation is a formal part of the decision-making process (see Judgment 2315, under 27)."

Reference(s)

ILOAT Judgment(s): 2315

Keywords

procedure before the tribunal; decision; advisory body; recommendation; due process; independence; disciplinary procedure; advisory opinion; condition

Consideration 11

Extract:

"The complainant now claims that when she signed her initial contract the Organization did not inform her of the consequences of her declaration [concerning her residential address] or, in particular, of the differences between local and international status. But this assertion cannot be accepted. It was up to the complainant to ask the Organization about the implications of the main clauses of the offer she was invited to accept and about the consequences of her replies on points which were decisive for her future career and salary. Rapid perusal of the Staff Regulations and Rules would have revealed the implications of accepting the offer of local recruitment."

Keywords

law of contract; organisation's duties; staff regulations and rules; contract; offer; local status; non-local status; staff member's duties; acceptance; consequence