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Judgment No. 2356

Decision

1. The Organization shall pay the complainant moral damages in the amount of 500 euros.
2. It shall also pay her costs in the amount of 100 euros.
3. All other claims are dismissed.

Consideration 16

Extract:

The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."

Keywords

claim; complaint allowed; complaint allowed in part; injury; moral injury; international civil servant; internal appeals body; lack of evidence; personal file; respect for dignity; breach; career; general service category; grade; unsatisfactory service; supervisor; executive head; acceptance; advisory opinion; request by a party; right; moral damages

Consideration 15

Extract:

"[T]he payment of [a] special post allowance [...] is meant to financially reward a staff member for carrying out duties of a higher-level post, and the complainant is mistaken when she equates the payment with a positive assessment of her work."

Keywords

complaint allowed; complaint allowed in part; international civil servant; grade; work appraisal; satisfactory service; post; special post allowance; definition; payment; purpose



 
Last updated: 15.09.2017 ^ top