Chapter V. Decisions of administrative tribunals of the United Nations and related inter- governmental organizations

UNITED NATIONS

JURIDICAL YEARBOOK

Extract from:

Chapter V. Decisions of administrative tribunals of the United Nations and related inter-

governmental organizations

1964

Part Two. Legal activities of the United Nations and related inter-governmental

organizations

Copyright (c) United Nations

CONTENTS

(continued)Page

CHAPTER

IV.

TREATIES CONCERNING INTERNATIONAL

LAW

CONCLUDED UNDER

THE

AUSPICES

OF THE

UNITED

NATIONS

AND

RELATED

INTER-GOVERNMENTAL

ORGANIZATIONS

1.

Universal

Postal

Union

Constitution

of the

Universal Postal Union

195

2.

Inter-Governmental Maritime Consultative Organization

Consideration

of

proposed amendments

to

Articles

17, 18 and 28 of the

IMCO

Convention:

Resolution

A. 69

(ES.

II)

adopted

on

15

September 1964

at the

second extraordinary session

of the

Assembly

202

CHAPTER

V.

DECISIONS

OF

ADMINISTRATIVE TRIBUNALS

OF THE

UNITED NATIONS

AND

RELATED INTER-GOVERNMENTAL ORGANIZATIONS

A.

DECISIONS

OF THE

ADMINISTRATIVE

TRIBUNAL

OF THE

UNITED

NATIONS

1.

Judgement

No. 91 (8 May

1964):

Miss

Y. v.

Secretary-General

of the

United

Nations

Termination

of a

permanent appointment

for

reasons

of

health—Staff

Regula-

tion

9.1

(a) 204

2.

Judgement

No. 92 (16

November

1964):

Higgins

v.

Secretary-General

of the

Inter-Governmental Maritime Consultative Organization

Legal elements

of

secondment—Modification

of the

terms

of

secondment

is

not

within

the

sole discretion

of the

organizations

concerned—Despite

the

absence

of a

letter

of

appointment,

the

seconded

official's

position

in

the

receiving organization

is

analogous

to

that

of a

staff

member with

a

fixed-term

appointment—Staff

Rule 104.3

(b)—Procedure

for a

valid

termination

of

secondment—Staff

Regulation

9—Denial

of due

process

—Compensation

in

lieu

of

specific

performance

205

B.

DECISIONS

OF THE

ADMINISTRATIVE TRIBUNAL

OF THE

INTERNATIONAL LABOUR

ORGANISATION

1.

Judgement

No. 68

(11

September 1964):

Pelletier

v.

United Nations Educa-

tional,

Scientific

and

Cultural Organization

Access

to the

Tribunal

by an

employee

of a

non-governmental organization

which

maintains service contracts

with

UNESCO—Article

II,

para-

graphs

5 and 6, of the

Statute

of the

Tribunal

207

2.

Judgement

No. 69

(11

September

1964)

:

Kissaun

v.

World Health Organization

Quashing

of a

decision

not to

confirm

an

appointment

at the end of the

probationary

period—Official's

right

to be

heard before

a

decision

to his

detriment

is

taken—Articles

430.2, 430.3,

430,4

and 440 of the

Staff

Rules

208

3.

Judgement

No. 70

(11

September

1964):

Jurado

v.

International Labour

Organisation

Competence

of the

Tribunal—Article

II of the

Statute—Official's

rights

to

immunity

from

jurisdiction

in

Switzerland

and to

"diplomatic

protection"

in

the

matter

of his

private

affairs—Claims

against alleged infringement

of

articles 1.2, 1.7,

7.5 and 7.6 of the

Staff

Regulations dismissed

...

209

ix