Judgment No. 3084
Decision
1. The Director-General's decision of 14 December 2009 is set aside.
2. The FAO shall pay the complainant moral damages in the amount of 10,000 euros.
3. It shall also pay him material compensation in the amount of 50,000 euros.
4. The Organization shall pay the complainant costs in the amount of 750 euros.
5. All other claims are dismissed.
Consideration 13
Extract:
"The fact that a decision to grant an ad personam promotion lies at the discretion of the Director-General does not preclude appellate review, albeit a limited review of whether the decision involves an error of law or fact or a failure to have regard to a material fact; whether a plainly wrong conclusion was drawn from the facts; whether the decision was taken in breach of a rule of form or procedure or whether there was an abuse of authority (see Judgment 2834, under 7)."
Reference(s)
ILOAT Judgment(s): 2834
Keywords
grounds; staff regulations and rules; breach; personal promotion; judicial review; discretion; executive head; disregard of essential fact; mistake of law; mistaken conclusion; misuse of authority; abuse of power
Consideration 19
Extract:
"[A]n organisation must ensure that a staff member is not disadvantaged on the grounds of his or her participation in staff representation activities."
Keywords
equal treatment; organisation's duties; staff union; freedom of association; staff union activity; staff representative
Judgment keywords
Keywords
complaint allowed; decision quashed; promotion; staff representative; reclassification
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