Judgment No. 2473
1. The impugned decision is set aside.
2. The defendant shall reinstate the reclassification of the complainant's post from P-5 to D-1 as from 1 May 1999 and his promotion to grade D-1 as from 1 November 1999.
3. The sums due to the complainant arising from his increased salary shall bear interest at the rate of 8 per cent per annum as from each date at which a payment was due.
4. The defendant shall pay the complainant 15,000 euros in compensation for moral injury.
"The Organization contends that since the impugned decision was notified to the complainant on 21 November 2003, he should have filed his complaint with the Tribunal, according to Article VII, paragraph 2, of its Statute, within ninety days after the date of notification, that is to say by 19 February 2004 at the latest and not in July 2004 as was the case.
Contrary to the defendant's allegation, the complainant asserts that he received the decision dated 21 November 2003 only on 28 April 2004 following a request he made to the Director-General on 15 April 2004. Since the defendant, which bears the burden of proof in this respect, has not proved that the notification actually occurred on 21 November 2003, the Tribunal must accept the date of 28 April 2004 indicated on the note transmitting a copy of the impugned decision to the complainant, and it will therefore consider that the complaint he filed on 26 July 2004 fell within the required time limit."
ILOAT reference: Article VII, paragraph 2, of the Statute of the Tribunal
complaint; complaint allowed; decision; complainant; time limit; date of notification; mandatory time limit; iloat; burden of proof; lack of evidence; organisation's duties; iloat statute; information note; staff member's duties; executive head; date; request by a party