Judgment No. 1407
1. THE SECRETARY-GENERAL'S DECISION OF 28 FEBRUARY 1994 IS SET ASIDE INSOFAR AS IT REFUSES TO RESTORE THE TITLE OF "ASSISTANT" TO THE COMPLAINANT.
2. THE WTO SHALL PAY HER 5,000 FRENCH FRANCS IN MORAL DAMAGES.
3. IT SHALL PAY HER 5,000 FRENCH FRANCS IN COSTS.
The complainant challenges the change in her title from "assistant" to "secretary". The WTO argues that she has no cause of action but the Tribunal holds that "the title forms part of an official's status and so any change in the title is challengeable."
complaint allowed; complaint allowed in part; injury; receivability of the complaint; decision quashed; staff regulations and rules; amendment to the rules; title of post
The complainant says that her transfer amounted to a hidden disciplinary measure to get back at her because she asserted her right of appeal. "The Tribunal is satisfied that there was no question of disciplinary action": she herself applied for the transfer and it cost her no loss of pay or grade or responsibility. "Nor does she allege any loss of dignity in the duties she had to perform."
complaint allowed; complaint allowed in part; moral injury; right of appeal; decision quashed; amendment to the rules; transfer; grade; salary; disciplinary measure; hidden disciplinary measure