Judgment No. 1872
1. The decision of the Director-General of the OPCW, dated 16 October 1997 and confirmed on 19 March 1998, is set aside.
2. The Organisation shall pay the complainant an amount equal to the salary and benefits that he would have received had he remained in service at his grade and step between the date of the termination of his appointment and 23 May 2000.
3. The Organisation shall pay the complainant 6,000 Euros in costs.
4. The other claims are dismissed.
This case is about a decision concerning termination of employment for unsatisfactory services.
"International officials have the right to be informed, from the beginning of the procedure, of the grounds which will serve as a basis for the administration's decision".
complaint allowed; complaint allowed in part; decision; duty to substantiate decision; organisation's duties; duty to inform; termination of employment; unsatisfactory service
"Since the procedure that was instigated was not a disciplinary one, but a procedure for the termination of the complainant's appointment for unsatisfactory service, the complainant needed to be informed in due time, either through a negative performance appraisal report, or through precise warnings, that the organisation was not satisfied with his performance and that if he did not improve it his appointment would be terminated." (see Judgment 1484)
ILOAT Judgment(s): 1484
complaint allowed; complaint allowed in part; organisation's duties; duty to inform; performance report; termination of employment; unsatisfactory service; disciplinary procedure; warning