Judgment No. 2662
1. The Director-General's implied decision to reject the complainant's appeal is set aside, as is the decision of 18 September 2003 that the complainant should report for assigned duties on a half-time basis.
2. UNIDO shall pay the complainant moral damages in the sum of 15,000 euros in accordance with considerations 14 and 18 within 21 days of the publication of this judgment.
3. It shall also pay him 5,000 euros by way of costs of the proceedings before the Joint Appeals Board and the Tribunal.
4. Without prejudice to the right of the complainant to pursue his claims with respect to intimidation, retaliation, harassment and prejudice, the complaint is otherwise dismissed.
The complainant contends that there was a violation of Article 6 of the European Convention on Human Rights. "Reliance on the Convention is misplaced as it is not applicable to international organisations. The complainant's rights are those derived from the Staff Regulations and Staff Rules and from the general principles of law applicable to such organisations."
complaint allowed; complaint allowed in part; complainant; organisation; general principle; international civil service principles; international instrument; staff regulations and rules; breach; enforcement; provision; right