Judgment No. 2878
1. UNIDO shall pay the complainant 1,500 euros in damages for the delay in the internal appeal process.
2. It shall also pay him 800 euros in costs.
3. The complaint is otherwise dismissed.
The complainant asks the Tribunal to quash the decision dismissing his appeal as irreceivable. He submits in particular that Staff Rule 212.02 is not applicable in his case because he was in the process of negotiating a new contract with the Organization and therefore the deadline should have been suspended. He also submits that there was a breach of the principles of good faith, of legitimate expectation, of the duty of care and of respect for dignity.
"[T]here was no reason why the complainant could not submit his request for review within the 60-day time limit provided for in Staff Rule 212.02, and withdraw it later if necessary. The Joint Appeals Board was correct in recommending that his appeal be dismissed as time-barred. So far as concerns the applicable time limits, there was no breach of the principles of good faith, legitimate expectation, respect for dignity, or duty of care. The complainant refers to Judgment 2584 [...]. However, [...] in the present case there was only one official communication from the Organization to the complainant between the date of the letter notifying him of the decision not to further extend his contract [...] and the date of his letter requesting the Director-General to review that decision [...]. This cannot be construed, as claimed by the complainant, as an initiation of settlement negotiations which could have suspended the time limit for submission of a request to review the decision."
ILOAT Judgment(s): 2584, 2841
complaint allowed; complaint allowed in part; internal appeal; settlement out of court; time limit; delay; good faith; organisation's duties; respect for dignity; staff regulations and rules; breach; non-renewal of contract; collective bargaining; proposal; duty of care
"The Tribunal finds that the Organization failed to deal with the complainant's appeal in a timely and diligent manner as the internal appeal process lasted for approximately 21 months, which is unacceptable in view of the simplicity of the appeal which hinged primarily on a question of receivability (see Judgment 2841, under 9). Therefore the Tribunal awards the complainant 1,500 euros in damages."
ILOAT Judgment(s): 2841
complaint allowed; complaint allowed in part; receivability of the complaint; administrative delay; internal appeal; time limit; delay; reasonable time; organisation's duties; material damages