Index of Judgments

 

Judgment No. 141

 

Complaint No. 275

Marta Laura Haran v. Secretary General of the Organization of American States

THE ADMINISTRATIVE TRIBUNAL OF THE ORGANIZATION OF AMERICAN STATES,

    Composed of Josť Ajuricaba da Costa e Silva, President; Rosa Montalvo Cabrera, judge; and Lionel Alain Dupuis, judge,

    Has before it for judgment the record file pertaining to the complaint lodged by Marta Laura Haran against the Secretary General of the Organization of American States.

    The complainant was represented by Luis Illanes and the Secretary General by Louis G. Ferrand, in keeping with Article 42 of the Rules of Procedure of the Administrative Tribunal.

 

WHEREAS:

    The complainant lodged her complaint with the Tribunal requesting payment of the difference in wages for grade level P-3 between the "with dependents" and "without dependents" scales, from July 21, 1997, to April 11, 1999, and payment of the family allowance for dependents from July 21, 1998, to April 12, 1999, in addition to applicable interest in both cases.

    The respondent presented his answer (pages 154 to 381).

    On June 11, 2001, the Tribunal held a public hearing in accordance with Articles 37, 38, and 39 of its Rules of Procedure. During that hearing, the statements of the complainant and the witnesses were made and the final arguments of the attorneys representing the parties were heard.

    Upon conclusion of the hearing, and under the authority vested in him by Article VII.5 of the Statute of the Tribunal, the President called the parties to a private meeting to attempt conciliation. That meeting was held on June 12, 2001.

    Later that day, June 12, 2001, Marta Laura Haran and her attorney, Luis Illanes, appeared personally before the Secretariat of the Tribunal and presented an original memorandum of understanding signed by both parties and their attorneys. At that time, the complainant requested the immediate withdrawal of her complaint, under the terms established in item 3 of the agreement then presented.

    The Secretariat of the Tribunal placed the agreement in the file (pages 466 to 467).

 

CONSIDERING:

    That the free expression by the parties of their intent to end their dispute in connection with the complaint filed by the complainant is equivalent to an actual conciliation agreement; and

    That the Tribunal has reviewed the memorandum of understanding and found nothing that would prevent its confirmation or prevent recognition of the definitive nature of that agreement (Article VII.1 of the Statute of the Tribunal).

 

RESOLVES:

  1. TO CONFIRM the conciliation agreement presented by the complainant and the respondent, which was placed in the case file (pages 466 and 467); and

  2.  

  3. TO GRANT the request by the complainant that the complaint presented against the Secretary General of the Organization of American States be withdrawn.

 

Let notice be given.

Washington, D.C., June 13, 2001

 

Josť Ajuricaba da Costa e Silva, President

Rosa Montalvo Cabrera, Judge

Lionel Alain Dupuis, Judge

Sergio Biondo, Secretary

OEA/Ser.R

TRIBAD/506/01

XLIX session - 01.O.1

13 June 2001

Original: Spanish