Judgment No. 1045
1. THE DIRECTOR'S DECISION OF 7 JUNE 1989 IS QUASHED.
2. THE ORGANIZATION SHALL APPLY THE REDUCTION-IN-FORCE PROCEDURE TO THE COMPLAINANT IN ACCORDANCE WITH RULE 1050.2.
3. IT SHALL PAY HER THE SUMS SHE IS ENTITLED TO AS SET OUT IN 3 ABOVE.
4. IT SHALL PAY HER 3,000 UNITED STATES DOLLARS IN COSTS.
"Rule 1050.2 provides: 'When a post of indefinite duration, which is filled, is abolished, a reduction in force shall take place, in accordance with procedures established by the Director'. The procedures are set out in detail in the Manual of the WHO, and it is clear that the rules preclude the termination of an appointment until the reduction-in-force procedure has been completed. The notice [given to her] was therefore invalid, and in keeping with the reasoning in Judgment 469 the complainant's contract is renewed by implication and remains in force. She is entitled to payment of the salary and allowances due under her contract less any indemnity of earnings she may have received in the meantime."
Organization rules reference: PAHO STAFF RULE 1050.2
ILOAT Judgment(s): 469
procedure before the tribunal; complaint allowed; amount; decision quashed; enforcement; contract; post; extension of contract; fixed-term; permanent appointment; abolition of post; termination of employment; staff reduction; consequence; material damages