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Judgment No. 2992

Decision

1. The complainant's assessment report for 2007 is set aside.
2. The decision of 27 February 2008 not to renew the complainant's contract and, as appropriate, the decision of 24 June 2008 are set aside.
3. The CDE shall pay the complainant compensation, including all interest, equivalent to one year's salary and allowances to redress the material injury suffered.
4. It shall pay her compensation for the moral injury suffered in the amount of 5,000 euros.
5. It shall pay her the reinstallation allowance, if this has not already been done, and it shall defray her repatriation expenses as indicated under 27.
6. It shall also pay her 5,000 euros in costs.
7. All other claims are dismissed.

Consideration 10

Extract:

The CDE requests that certain documents be removed from the file on the grounds that they are confidential and that the complainant obtained them unlawfully.
"The Tribunal will not accede to the request for the removal of items of evidence, since the Centre has not proved that this request is justified by the protection of interests more worthy of protection that the complainant's interest in defending herself (see Judgment 2700, under 7)."

Reference(s)

ILOAT Judgment(s): 2700

Keywords

claim; complaint allowed; complaint allowed in part; organisation; confidential evidence; lack of evidence; staff member's interest; organisation's interest; flaw; discontinuance; refusal



 
Last updated: 03.09.2014 ^ top