Judgment No. 33
Decision
THE TRIBUNAL,
Rejecting any wider or contrary conclusions,
Declares that the payment to the complainant of a lump sum equivalent to the amount of salary including allowances received by him during the last six months which he spent in the service of the organisation constitutes an equitable compensation for the prejudice caused to him, orders the organisation, in so far as may be necessary, to give effect to its offer of such a payment to the complainant and dismisses the complaint;
Orders that the respondent organisation contribute to the complainant's costs up to the amount of one hundred and fifty United States dollars.
Considerations
Extract:
Vide Judgment 35.
Reference(s)
ILOAT Judgment(s): 35
Keywords
locus standi; intervention; receivability of the complaint; cause of action; no cause of action; staff union; staff representative
Considerations
Extract:
Under the applicable provisions, the complainant's fixed-term appointment expired on the set date without notice or indemnity; the separation from service resulting from the expiration of a fixed-term appointment did not constitute a termination within the meaning of the Staff Regulations; "therefore there is no recourse against the complainant's separation from service [on the set date]".
Keywords
contract; fixed-term; non-renewal of contract; notice
Considerations
Extract:
The complainant, recruited on a temporary basis, was transferred to a post which was subsequently to be filled by competition. The granting of an indeterminate appointment was made dependent upon his success in the competition "complainant has failed to prove any irregularity of procedure in connection with this competition [...]. While [the Regulations] entitled him to a priority as far as the consideration of his candidature is concerned, the appointment to the vacant post of another official in the same situation as himself and entitled to the same priority did not deprive complainant of that right."
Keywords
contract; competition; internal candidate; post held by the complainant; fixed-term; permanent appointment; priority; right
Considerations
Extract:
The offer to pay the complainant compensation for the moral and material prejudice he suffered equivalent to six months' salary together with allowances has been maintained before the Tribunal; "the fact that the Director-General admitted the principle of granting compensation to the complainant in respect of the prejudice caused to him was such as to lead the complainant to file his complaint; [...] taking into account the particular circumstances of the case it appears justified that, as an exceptional measure, the complainant be granted compensation by way of participation in his costs."
Keywords
injury; material injury; moral injury; organisation; settlement out of court; tribunal; exception; costs; offer; acceptance; compensation
Considerations
Extract:
"While it has not been proved that performance reports should have been drawn up in connection with the complainant's participation in a competition, such performance reports should have been drawn up in any case once in each calendar year [...]. The absence of performance reports for the [material] year is a breach of [the Staff Rules] and may have been prejudicial to the complainant."
Keywords
injury; staff regulations and rules; breach; provision; performance report; rating; omission
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