Judgment No. 3010
Decision
1. The Director-General's decision of 18 February 2009 to terminate the complainant's contract is set aside.
2. The WTO shall pay the complainant the salary and other benefits payable for the period 1 March 2009 to 28 February 2010. together with interest at the rate of 5 per cent per annum from due dates until the date of payment less the amounts already paid in lieu of notice and by way of termination indemnity. The complainant must give credit for her net earnings during that period.
3. The Organization shall pay the complainant moral damages in the amount of 15,000 Swiss francs.
4. It shall also pay her costs in the amount of 6,000 francs.
5. The complainant's 2006 and 2007 performance evaluation reports shall be removed from her personnel file and destroyed.
6. All other claims are dismissed.
Consideration 12
Extract:
Abolition of post and termination of contract following restructuring / Failure by the Organization to consult the joint advisory body (Appointment and Promotion Board) prior to terminating the complainant's contract .
"[T]he purpose of a provision requiring referral of the proposed termination of a contract to an advisory body is, as stated in Judgment 2352, 'to allow that body to ensure that all the conditions for taking such a step are met, with a view to submitting a recommendation to the executive head'".
Reference(s)
ILOAT Judgment(s): 2352
Keywords
decision; advisory body; recommendation; provision; contract; termination; executive head; condition; purpose
Consideration 13
Extract:
"[T]he restructured service is independent of the [Organization], has a new and different focus and has resulted in a significant reduction in cost, all of which make it impossible to accept the complainant's argument that the restructuring was not in the Organization's interest and did not result in budget efficiency. In these circumstances, it is to be concluded that the restructuring was genuine and not simply 'a pretext for dislodging undesirable staff' (see Judgment 1231, under 26)."
Reference(s)
ILOAT Judgment(s): 1231
Keywords
costs; reorganisation; staff reduction; organisation's interest; reduction
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