Judgment No. 2907
1. The decision of the Director-General of UNIDO of 7 March 2008, and likewise his decision of 10 January 2003 assigning the complainant to the post of Regional Director in Bangkok as from 1 January 2003 and all the decisions extending this appointment until 31 August 2006, are set aside.
2. The complainant shall be awarded retroactively a parallel 100 series contract at the D-2 level for the period from 1 January 2003 to 31 August 2006.
3. UNIDO shall pay the complainant the equivalent of the additional salary and all the allowances or other material benefits of any kind which he would normally have received during that period, as well as interest on them, as indicated under 26.
4. The Organization shall pay the complainant compensation in the amount of 25,000 euros for moral injury.
5. It shall also pay him costs in the amount of 5,000 euros.
6. All other claims are dismissed.
"[A]ccording to the Tribunal's case law as established in Judgments 752, under 4, and 2821, under 9, for example, exceptions may be made to the applicable time limits when an organisation, by misleading the complainant or concealing some paper from him or her, has deprived that person of the possibility of exercising his or her right of appeal, in breach of the principle of good faith."
ILOAT Judgment(s): 752, 2821
receivability of the complaint; internal appeal; internal remedies exhausted; time limit; good faith; late appeal
"According to the Tribunal's case law, international organisations may undertake restructuring by reducing or reassigning their staff, even for the sole purpose of making budgetary savings (see, for example, Judgment 2156, under 8). However, each and every individual decision adopted in the context of such restructuring must respect all the pertinent legal rules and in particular the fundamental rights of the staff concerned."
ILOAT Judgment(s): 2156
complaint allowed; complaint allowed in part; implied decision; international civil servant; organisation; case law; due process; organisation's duties; written rule; budgetary reasons; reassignment; reorganisation; staff reduction; consequence; right
"[T]he existence of a hidden disciplinary measure cannot be inferred from mere conjecture and could not be accepted unless it were proven."
complaint allowed; complaint allowed in part; burden of proof; disciplinary measure; hidden disciplinary measure