Judgment No. 3411
Decision
1. IFAD shall pay each complainant 2,500 euros in moral damages.
2. It shall also pay each of them 3,000 euros in costs.
3. IFAD shall pay each intervener 2,500 euros in moral damages.
4. It shall also pay the four interveners collectively 3,000 euros in costs.
5. All other claims are dismissed.
Summary
The complainants successfully impugn the decision not to extend their contracts upon expiry.
Judgment keywords
Keywords
status of complainant; transfer
Consideration 6
Extract:
"The complaints are based on similar but not identical facts and raise the same issues of law. Moreover, the complainants submit similar arguments to support their positions and substantially request similar redress. In its defence, IFAD puts forward similar arguments in both cases to support its position. Considering this, the Tribunal finds it convenient to join the two complaints and to deal with the issues raised therein in a single judgment."
Keywords
joinder
Consideration 8
Extract:
"[T]he Tribunal considers that IFAD failed to give the complainants proper notice prior to the non-renewal of their contracts and to make all efforts, using all possible tools, to clarify the complainants’ situations. Thus, an award of moral damages is appropriate."
Keywords
moral injury; notice
Consideration 9
Extract:
"With regard to the lack of proper notice of the non-renewal of their IFAD contracts and IFAD’s insufficient efforts to clarify their respective situations, the Tribunal awards [...] moral damages [...]."
Keywords
moral injury
Consideration 10
Extract:
"Of the initial ten applications to intervene, six have been withdrawn. As the remaining four interveners are in a similar legal situation to that of the complainants, they must be granted the benefit of the rights recognised by this judgment (see Judgment 2985, under 28). The interveners are legally represented and they are entitled to costs."
Reference(s)
ILOAT Judgment(s): 2985
Keywords
intervention; costs; costs awarded
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