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Judgment No. 2394

Decision

1. The Organization shall pay the complainant compensation of 10,000 Swiss francs.
2. It shall also pay him the sum of 2,000 francs in costs.
3. The complainant's other claims are dismissed.

Consideration 9

Extract:

"Since he partially succeeds, the complainant is entitled to costs, which he may claim directly before the Tribunal, contrary to the defendant's plea".

Keywords

claim; complaint allowed; complaint allowed in part; complainant; receivability of the complaint; internal remedies exhausted; exception; costs; right

Consideration 8

Extract:

The complainant's appointment was terminated. "[I]t emerges quite clearly from the file that the irregularities committed [...], the careless way the Organization advertised the complainant's post before he had even had a chance to comment on the termination of his contract, and the way it admitted the unlawfulness of the termination notified on 29 August 2001 [...] only in a decision of 28 June 2003 notified to the complainant on 17 July 2003, severely harmed the complainant's legitimate interests and impaired his dignity." He is therefore entitled to a compensation for the financial and moral damage he incurred.

Keywords

complaint allowed; complaint allowed in part; injury; material injury; moral injury; organisation; date of notification; delay; right to reply; respect for dignity; staff member's interest; competition; post; allowance; termination; misconduct; flaw; acceptance; right



 
Last updated: 11.05.2009 ^ top