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Judgment No. 2851

Decision

1. UNESCO shall pay the complainant 1,000 euros in compensation for moral damages due to the delay in the internal appeals procedure.
2. It shall also pay her 800 euros in costs.
3. The complaint is otherwise dismissed.

Consideration 7

Extract:

"The Tribunal points out that post classification cannot be confused with performance review. It is uncontested that the complainant's performance was considered highly by her supervisors but that does not have any relevance to the assessment of her post for the purposes of grade classification."

Keywords

post classification; grade; performance report; request by a party

Consideration 9

Extract:

"[T]he Tribunal finds that the complainant has shown no proof of bias against her on the part of the Organization. In fact it appears that the Organization was diligent in the exercise of its duty of care towards the complainant, as seen in the repeated attempts at mediation and the care in offering her multiple opportunities to contribute to the post classification process through updated job descriptions and other relevant submissions."

Keywords

burden of proof; organisation's duties; post classification; post description; bias

Consideration 10

Extract:

"It took [...] almost two and a half years before the complainant received the final decision impugned in her complaint. The internal appeal procedure was much too long and consequently the complainant was deprived of her right to a speedy resolution of her grievances (see Judgment 2196, under 9), for which she is entitled to an award of moral damages in the amount of 1,000 euros."

Reference(s)

ILOAT Judgment(s): 2196

Keywords

internal appeal; delay; compensation; moral damages



 
Last updated: 27.03.2017 ^ top