Judgment No. 2747
1. The impugned decision is quashed.
2. The UPU shall pay the complainant the sum of 3,000 Swiss francs in compensation for the moral injury suffered.
3. It shall also pay him costs in the amount of 3,000 francs.
The complainant alleges that the regulations governing the creation of posts - in particular Regulation 2.2 of the Staff Regulations and Article 102.6.15 of the General Regulations of the UPU - have been violated. "[T]he Tribunal notes [...] that the complainant is entitled to rely on all the provisions of the General Regulations and Staff Regulations, including those which primarily concern relations between the Council of Administration and the Director General insofar as a breach of these provisions may affect his personal situation."
Organization rules reference: Staff Regulation 2.2 and Article 102.6.15 of the General Regulations of the UPU
complaint allowed; complaint allowed in part; injury; written rule; staff regulations and rules; breach; provision; creation of post; executive head; executive body; consequence; right