Judgment No. 3299

• Organization: International Organization for Migration (IOM)
• Date: 05.02.2014
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The warning letter, dated 13 April 2010, which the Head of the Support Unit issued to the complainant is to be removed from the complainant’s personnel file.
3. IOM shall pay the complainant a total amount of 40,000 Swiss francs in moral and material damages.
4. IOM shall pay 2,000 Swiss francs as costs to the complainant.
5. All other claims are dismissed.

Summary

The complainant successfully impugns a decision to keep in her personal file a warning letter and the non-renewal of her contract.

Judgment keywords

Keywords

complaint allowed; performance report; non-renewal of contract; harassment

Consideration 28

Extract:

The JARB recommended that the Organization should renew the complainant’s contract in another suitable position. The Tribunal is cognisant of the fact that the complainant was on a short-term contract. The Tribunal is also cognisant of the practical difficulties that would arise given the effluxion of time since the non-renewal of the complainant’s contract. In these circumstances, reinstatement is not a viable option.

Keywords

reinstatement; non-renewal of contract