Judgment No. 3200
1. The impugned decision of 15 December 2010 is set aside as is the earlier decision to demote the complainant with effect from 1 March 2009.
2. The FAO shall pay the complainant the difference in all relevant salaries and entitlements retroactively to 1 March 2009, together with interest at the rate of 5 per cent per annum from due dates.
3. The Organization shall pay the complainant moral damages in the amount of 4,000 euros.
4. It shall also pay her 4,000 euros in costs.
5. All other claims are dismissed.
The complainant challenges the decision to impose on her the disciplinary measure of demotion.
"Although the case was complex and detailed, and the subject matter sensitive, the time taken to complete the proceedings was indeed excessive. The Tribunal notes in particular that it took OSDI ten months to bring the investigation to a conclusion following the interviews, and it took the Director General seven months to reject the appeal after receiving the Appeals Committee Report. The total length of the proceedings cannot therefore be considered reasonable, and specifically, the two intervals of time noted above were excessive. The conclusion is that the Organization did not respect the need for expeditious proceedings and violated its duty of care towards the complainant."
procedure; complaint allowed; complaint allowed in part; moral injury; administrative delay; internal appeal; delay; reasonable time; organisation's duties; staff member's interest; duty of care
"Paragraph 5.2 [of the OSDI Quality Assurance Manual] must be interpreted in a manner consistent with the fundamental right of due process to know the name of the accuser except in those circumstances where revealing the identity of the accuser could undermine the integrity of the investigation."
ILOAT reference: Paragraph 5.2 of the OSDI Quality Assurance Manual
complaint allowed; complaint allowed in part; appraisal of evidence; disclosure of evidence; adversarial proceedings; right to reply; due process; organisation's duties; duty to inform; disciplinary procedure; right