Judgment No. 172
1. The Director-General's decision of 16 January 1970 is quashed.
2. The Organisation shall pay Mr. Flad:
(a) his salary up to 12 October 1969;
(b) compensation amounting to 15,000 French francs.
No real inquiry was made. The allegations against complainant were improbable. "The Tribunal can only find that the facts leading to the imposition of the sanction are in no way proved and decide that the impugned decision should be quashed. There is no reason to order the complainant's reinstatement, which in any case he does not claim; his entitlement to compensation for the injury suffered by him should, however, be considered.
injury; damages; evidence; lack of evidence; inquiry; serious misconduct
The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."
complaint allowed; injury; moral injury; amount; decision quashed; lack of evidence; inquiry; contract; fixed-term; termination of employment; serious misconduct; material damages