Judgment No. 2644
1. UNIDO shall pay the complainant 5,000 euros in moral damages.
2. It shall also pay her 2,000 euros in costs.
3. The complaint is otherwise dismissed.
"There are occasions when a staff member may treat a communication or other action (for example, a payment to his or her bank account) as embodying a decision with respect to his or her entitlements (see Judgment 2629 [...]). However, where [...] there is no indication that the communication in question constitutes a final decision, there are and may be circumstances that lead a staff member to reasonably conclude that it does not. Particularly is that so if, as in the present case, it concerns a matter that has not been the subject of an express claim or there is nothing to suggest that the matter in question has been considered by a person with authority to make a final decision thereon."
ILOAT Judgment(s): 2629
complaint allowed; complaint allowed in part; decision; absence of final decision; interpretation; payment; request by a party; right; official