Judgment No. 1298
1. THE DIRECTOR-GENERAL'S DECISION OF 3 NOVEMBER 1992 IS QUASHED.
2. THE ORGANIZATION SHALL REINSTATE THE COMPLAINANT IN ACCORDANCE WITH WHAT IS SAID IN CONSIDERATION 16.
3. IT SHALL PAY HIM 3,000 UNITED STATES DOLLARS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.
In view of the complainant's "length of service, loss of pension entitlements if he is not reinstated and the difficulty he would no doubt face in finding other employment at his age, the Tribunal holds that it should order him reinstatement since it would not be fair just to award him financial compensation."
complaint allowed; complaint allowed in part; decision quashed; equity; seniority; reinstatement; pension entitlements
Vide Judgment 1154, consideration 4.
ILOAT Judgment(s): 1154
complaint allowed; complaint allowed in part; decision; duty to substantiate decision; decision quashed; case law; organisation's duties; duty to inform; contract; fixed-term; non-renewal of contract; judicial review; discretion