Judgment No. 1637
1. UNIDO shall pay the complainant 35,000 Swiss francs in damages for the injury referred to under 16.
2. It shall pay him 20,000 French francs in costs.
3. His other claims are dismissed.
The complainant came by and produced the minutes of a meeting of the Advisory Board on Compensation Claims even though the document was privileged. "The Organization objects and in its reply asks the Tribunal to disregard [the minutes]. Yet the [document] forms part of the case records, the complainant did not obtain it by deceit, its authenticity is not in dispute, and in citing it the Organization seeks to belittle its importance. There are no grounds for striking out a text that is material to the case and that in any event the Tribunal might have ordered the defendant to disclose."
complaint allowed; complaint allowed in part; submissions; evidence; confidential evidence; disclosure of evidence
The complainant alleges improper treatment of him by his supervisor. The Tribunal holds that it is "hard to dismiss - as UNIDO does in its surrejoinder - the keen tension between the complainant and his supervisor as 'everyday occurrences in any office' or the effect of 'action taken in the ordinary run of management and likely to make for the degree of stress that any international civil servant is expected to cope with'."
complaint allowed; complaint allowed in part; injury; organisation's duties; respect for dignity; working conditions; service-incurred; supervisor; harassment
The complainant claims an invalidity pension. The Tribunal holds that he is not entitled to one. "Articles 11.1 and 11.2, [of UNIDO's Staff Rules], which deal with total or partial disability attributable to the performance of official duties, do not apply to cases like this one where, after several months' sick leave on full pay, the member does not go back to work and the reason is not that he is unfit but that he has reached the age of retirement and has had to stop work because of a decision no longer subject to challenge."
Organization rules reference: ARTICLES 11.1 AND 11.2 OF UNIDO'S STAFF RULE
complaint allowed; complaint allowed in part; res judicata; staff regulations and rules; separation from service; retirement; age limit; service-incurred; sick leave; invalidity
The complainant alleges that he has been a victim of harassment by his supervisor. The Tribunal notes that "the conditions the complainant suffered in his last few months of work harmed his health. They caused him injury for which he is entitled to redress. Acting by virtue of Article II, paragraph 2, of its Statute [...]. The Tribunal awards him damages".
ILOAT reference: ARTICLE II(2) OF THE STATUTE
complaint allowed; complaint allowed in part; injury; moral injury; organisation's duties; respect for dignity; iloat statute; working conditions; illness; service-incurred; compensation; harassment