Judgment No. 2659
Decision
1. The Director-General's decision of 16 March 2006 is set aside to the extent that it did not involve the payment to the complainant of compensation higher than 7,000 euros.
2. UNIDO shall pay the complainant 22,000 euros in compensation for moral damages, in addition to the sum of 7,000 euros already paid.
3. It shall also pay her 4,000 euros in legal costs.
4. All other claims are dismissed.
Consideration 8
Extract:
"A hidden sanction is a measure which appears to be adopted in the interests of the Organization and in accordance with the applicable rules, but which in reality is a disciplinary measure imposed as a penalty for a transgression, whether real or imaginary. The true disciplinary nature of an administrative measure that constitutes a hidden sanction is not always apparent. It is therefore necessary to examine the particular circumstances in each case where there is an allegation that an administrative measure is a hidden sanction."
Keywords
written rule; enforcement; misconduct; disciplinary measure; hidden disciplinary measure; judicial review; organisation's interest; definition; purpose
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