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Judgment No. 2373

Decision

1. The complaint is allowed in part.
2. The Organisation shall pay the complainant 10,000 euros in damages and 1,500 euros in costs.
3. All other claims are dismissed.

Consideration 6

Extract:

The complainant's contract was not renewed. He claims that his new supervisor was prejudiced against him. "While it is clear that the complainant's new supervisor did not have the same high view of his qualities as did [his previous supervisor], that is a long way from demonstrating that there has been an abuse of authority."

Keywords

complaint allowed; complaint allowed in part; lack of evidence; work appraisal; contract; non-renewal of contract; supervisor; misuse of authority; bias

Consideration 7

Extract:

"The decision to redefine the functions of a post is the prerogative of the Director-General, on the recommendation of the relevant manager, and it is equally within the power of the management to determine the qualifications required for a particular post."

Keywords

complaint allowed; complaint allowed in part; decision; recommendation; post description; post; qualifications; discretion; executive head; definition

Consideration 11

Extract:

After the decision not to renew his contract the complainant was placed on special leave with full pay until the end of the contract and his access to the building was withdrawn. When he went to the OPCW's premises in order to hand in his request for review, he was escorted at all times by a security officer. The complainant considered this treatment to be an affront to his dignity. "Without in any way denying that the OPCW, like many other international organisations, must be vigilant about matters of internal security, the Tribunal notes that neither in the impugned decision nor in its reply does the Organisation give any explanation as to why it was thought necessary to treat the complainant in such a humiliating manner. Except in the most urgent cases, the requirements of security can almost always be fully met while still respecting the rights and dignity of individuals. This is especially so where [...] there is no breach of discipline involved and the person concerned has for many years occupied a position of trust to the Organisation's apparent complete satisfaction. [...] The Tribunal assesses [the moral] damages at 10,000 euros [...]."

Keywords

complaint allowed; complaint allowed in part; grounds; injury; moral injury; organisation; reply; organisation's duties; respect for dignity; breach; assignment; satisfactory service; contract; salary; non-renewal of contract; special leave; right



 
Last updated: 14.08.2009 ^ top