Judgment No. 3686

• Organization: World Health Organization (WHO)
• Date: 06.07.2016
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. WHO shall pay the complainant moral damages in the amount of 65,000 Swiss francs.
2. WHO shall pay the complainant costs in the amount of 5,000 Swiss francs.
3. All other claims are dismissed.

Summary

The complainant challenges the Director-General’s final decision on her internal appeal in relation to the issuance of new terms of reference altering the functions of her post, arguing that the compensation she was offered was inadequate.

Judgment keywords

Keywords

complaint allowed; transfer; reassignment

Consideration 22

Extract:

[T]he case law is clear that a complainant’s claims must not exceed in scope the claims submitted during the internal appeal process. However, a complainant is not precluded from advancing new pleas before the Tribunal even if those
pleas were not placed before the relevant internal appeal body (see Judgment 2571, consideration 5).

Reference(s)

ILOAT Judgment(s): 2571

Keywords

receivability of the complaint; internal appeal; new plea

Consideration 30

Extract:

[I]t must be observed that the change to the complainant’s title coupled with the removal of all her managerial responsibilities and functions are actions that can only be described as demeaning and humiliating.

Keywords

humiliation

Consideration 35

Extract:

In Judgment 2364, consideration 2, the Tribunal considered grounds of complaint based on facts arising subsequent to the impugned decision.

Reference(s)

ILOAT Judgment(s): 2364

Keywords

decision; subsequent fact