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Judgment No. 3164

Decision

1. The impugned decision is set aside.
2. The ILO shall pay the complainant 30,000 Swiss francs in compensation for the injury suffered under all heads.
3. It shall also pay her costs in the amount of 3,000 francs.
4. All other claims are dismissed.

Summary

The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.

Consideration 7(a)

Extract:

"[A]n organisation must interpret a staff member’s claims in good faith and read them as it might reasonably have been expected to do (see, in particular, Judgment 1768, under 3)."

Reference(s)

ILOAT Judgment(s): 1768

Keywords

claim; complaint allowed in part; good faith; organisation's duties; interpretation

Consideration 7(b)

Extract:

"[T]he complainant is justified in requesting the setting aside of a decision accepting the Board’s recommendations which has not been implemented."

Keywords

decision; internal appeals body; impugned decision; final decision

Consideration 9

Extract:

"[B]y merely stating that he accepted the [Joint Advisory Appeals] Board’s recommendations without specifying the practical steps to be taken in order to implement them, the Director-General issued a fundamentally flawed decision the execution of which was bound to be problematic."

Keywords

complaint allowed in part; decision; internal appeals body; recommendation; executive head; flaw; acceptance



 
Last updated: 16.08.2017 ^ top