Judgment No. 3130
1. The decision of 7 April 2010 as well as the decision of 2 April 2008 to approve the appointment of the successful candidate are set aside. The Organization must shield the successful candidate from any injury that may result from the setting aside of an appointment he accepted in good faith.
2. WHO shall pay the complainant 1,000 United States dollars in costs.
3. All other claims are dismissed.
"The complainant requests an award of 10,000 United States dollars for unreasonable delays in the internal appeal proceedings. The appeal before the Regional Board of Appeal lasted only nine months from the date of appeal [...] to the date of the decision by the Regional Director [...] to endorse the Board’s recommendation [...]. The complainant’s appeal before the [Headquarters Board of Appeal] lasted just over 13 months from the date of appeal [...] to the decision by the Director-General [...]. Considering that the two appeals took less than two years to complete, the complainant cannot be considered to have suffered from inordinate delays meriting an award of damages. This is especially true considering that the two tiered appeal process has provided him with greater protection of his rights as a staff member."
claim; complaint allowed in part; decision; administrative delay; internal appeal; recommendation; reasonable time; executive head; compensation; date; refusal; right; material damages; official