Same (639,-666)

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• Judgment 2619

  
  103rd Session, 2007
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The decision to grant special leave must be made on a case-by-case basis. It is not possible to assume that, because special leave has been granted to one staff member, it must be granted to all, unless all cases are identical in fact and in law. [...] Discrimination cannot be established until it is proved that staff members in identical situations were treated differently."

  Keywords:

  breach; difference; discretion; equal treatment; evidence; exception; official; organisation's duties; same; special leave;