Judgment No. 2360
1. The complainant's withdrawal of his claim to be assigned to a grade P.3 post within one month of the notification of this judgment is hereby recorded.
2. The FAO shall pay the complainant 5,000 euros in compensation for moral injury.
3. It shall also pay him 2,000 euros in costs.
4. All other claims are dismissed.
The Organization considers that the claims for compensation for certain heads of injury were not submitted during the internal appeal proceedings and must therefore be dismissed as irreceivable. "[T]he claims to compensation for moral injury and for breach of the complainant's rights were put forward in the internal appeal, though in a different form, and are certainly receivable, even though some heads of injury, concerning the complainant's state of health in particular, had not been enlarged upon, since the complainant had stated in his appeal [...] that the decision he contested caused him 'undoubted material and moral injury'."
procedure; claim; complaint allowed; complaint allowed in part; decision; injury; material injury; moral injury; receivability of the complaint; formal requirements; internal appeal; internal remedies exhausted; breach; compensation; difference; right
"The Tribunal [...] recalls its case law, whereby every employee has the right to a proper administrative position, which means that he or she should both hold a post and perform the duties pertaining thereto and should be given real work (see, for example, Judgment 630)."
ILOAT Judgment(s): 630
complaint allowed; complaint allowed in part; international civil servant; iloat; case law; general principle; organisation's duties; post