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Judgment No. 3264

Decision

1. The impugned decision is set aside.
2. The ILO shall pay the complainant moral damages in the amount of 15,000 Swiss francs.
3. It shall also pay the material damages in an amount equivalent to one year’s salary, including all benefits, entitlements and emoluments together with interest at the rate of 5 per cent per annum as from 1 July 2010.
4. The ILO shall also pay the complainant costs in the amount of 1,200 Swiss francs.
5. All other claims are dismissed.

Summary

The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

Judgment keywords

Keywords

decision; confidential evidence; disclosure of evidence; general principle; right to reply; due process; good faith; organisation's duties; duty to inform; respect for dignity; breach; work appraisal; performance report; probation; extension; non-renewal of contract; unsatisfactory service; judicial review; discretion; procedural flaw

Consideration 11

Extract:

"The purpose of probation is to give an organisation an opportunity to evaluate a probationer’s suitability for a position (see Judgment 2646, under 5). This gives rise to corollary obligations on the part of the organisation to warn a staff member in a timely manner that her or his performance is unsatisfactory, to give the staff member guidance and an opportunity to improve and to set objectives against which improvement can be measured. These are “fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity” (see Judgment 2414, under 23)."

Reference(s)

ILOAT Judgment(s): 2414, 2646

Keywords

good faith; organisation's duties; duty to inform; respect for dignity; probation; unsatisfactory service

Consideration 14

Extract:

"[D]uring the extension of the probationary period, [...] its duty to act in good faith obligated the Organization to give the complainant guidance and a meaningful opportunity to improve measured against objective standards."

Keywords

good faith; organisation's duties; work appraisal

Consideration 16

Extract:

The complainant sought the disclosure of the Reports Board's report.
"In the absence of any reason in law for nondisclosure of the report, such non-disclosure constitutes a serious breach of the complainant’s right to procedural fairness."

Keywords

confidential evidence; disclosure of evidence; due process; breach; procedural flaw



 
Last updated: 27.02.2017 ^ top