Judgment No. 3761
1. The Director-General’s 21 October 2014 decision is set aside.
2. UNESCO shall pay each complainant and intervener moral damages in the amount of 5,000 euros.
3. UNESCO shall pay each complainant costs in the amount of 500 euros.
4. All other claims are dismissed.
The complainants challenge a circular that implements amendments to the Rules of the Medical Benefits Fund.
complaint allowed; general decision; decision quashed
The complainants seek the same redress and the complaints rest on the same pleadings. It is therefore appropriate that they be joined to form the subject of a single judgment.
The complainants seek an oral hearing but the Tribunal is satisfied that the parties’ briefs and the evidence they have produced are sufficient to enable the Tribunal to reach an informed decision. Accordingly, the complainants’ application for oral hearings is rejected.
rejection of request for oral proceedings
[I]n the context of determining the receivability of the complaints, it is an administrative decision of general application. In general, this type of decision is not subject to challenge until an individual decision adversely affecting the individual involved has been taken. However, there are exceptions where the general decision does not require an implementing decision and immediately and adversely affects individual rights. In the present case, the impugned decision directly and adversely affects the complainants’ rights as it precludes the complainants’ important right to participate in the decision-making process […]. As the complaints satisfy the requirements of Article II of the Tribunal’s Statute, they are receivable.
ILOAT reference: Article II of the Statute
general decision; receivability of the complaint; administrative decision
As the decision of the Director-General to amend the MBF Rules was not taken in compliance with the amendment provisions in these Rules […] and, in particular, did not obtain the approval of the General Assembly of Participants, the decision was unlawful and will be set aside. It follows that the amendments to these Rules are of no force or effect. The complainants are entitled to an award of moral damages for the Organization’s complete disregard of the MBF’s statutory provisions and the resulting unlawful decision.
general decision; moral damages
As the interveners are in the same position in fact and in law as the complainants, their applications to intervene are accepted and they are also entitled to moral damages.
intervention; moral damages