Judgment No. 1313
1. THE DIRECTOR-GENERAL'S DECISION OF 20 MAY 1993 IS SET ASIDE INSOFAR AS IT REFUSES TO REINSTATE THE COMPLAINANT AS FROM 10 FEBRUARY 1993, THE DATE OF JUDGMENT 1238.
2) THE CASE IS SENT BACK TO THE ORGANIZATION FOR A NEW DECISION ON THE REINSTATEMENT OF THE COMPLAINANT AS FROM THAT DATE.
3) THE ORGANIZATION SHALL PAY THE COMPLAINANT THE EQUIVALENT OF ONE FURTHER YEAR'S SALARY, ALLOWANCES AND OTHER ENTITLEMENTS IN DAMAGES FOR ALL FORMS OF INJURY HE HAS SUSTAINED BECAUSE OF ITS FAILURE TO EXECUTE JUDGMENT 1238.
4. IT SHALL PAY HIM 200 UNITED STATES DOLLARS IN COSTS.
In an earlier judgment the Tribunal ordered the WHO to reinstate the complainant or, failing that, to pay him compensation. The WHO paid him the compensation after stating in a letter to him that it was unable to reinstate him. "The letter [...] does not say why reinstating him proved impossible. It is mere notification, not an explanation [...] its decision not to reinstate him therefore cannot stand."
application for execution; duty to substantiate decision; reinstatement; refusal; subsidiary; material damages