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Judgment No. 2345

Decision

1. The Organization shall pay the complainant 2,500 euros in compensation for moral injury.
2. It shall pay him 500 euros as an award of partial costs.
3. All other claims are dismissed.

Consideration 1 (c)

Extract:

"[A]n organisation, as part of its duty of care for its staff, is expected to help any staff member who is mistaken in the exercise of a right, if such help will enable the staff member to take useful action. If it is not too late, the organisation should also provide the staff member with procedural guidance.
In this case, [...] the Organization should have realised that the complainant was mistaken and that he did not need to wait for an authorisation before filing a complaint with the Tribunal. It had enough time to point out to him that his complaint against the Director-General's decision [...] should be filed directly with the Tribunal within ninety days after the notification of the decision.
As the complainant was not given that guidance, he failed to act in time and the complaint should be declared irreceivable. Such a ruling would not, however, be compatible with the requirements of good faith which the parties and the Tribunal must observe."

Keywords

complaint; complaint allowed; complaint allowed in part; receivability of the complaint; direct appeal to tribunal; internal appeal; tribunal; right of appeal; time limit; date of notification; time bar; good faith; organisation's duties; duty to inform; staff member's duties; duty of care

Consideration 3

Extract:

"In view of its duty of care towards its staff, an organisation must spare them the material and psychological drawbacks of endless procedures [...]: while an organisation cannot avoid an occasional overload of work, it must take appropriate measures to avert the drawbacks of a massive and foreseeable increase in legal disputes."

Keywords

procedure; complaint allowed; complaint allowed in part; material injury; moral injury; delay; organisation's duties; duty of care



 
Last updated: 16.09.2010 ^ top