Judgment No. 3846
The complaint is dismissed.
The complainant objects to the working conditions to which she was subjected during a secondment and contends that the ITU breached the rules on performance appraisals.
secondment; working conditions
[T]he refusal of the Appeal Board to authorise the filing of a rejoinder by the complainant does not constitute a breach of the adversarial principle, because the [organisation]’s reply did not disclose any genuinely new facts. The Appeal Board was under no obligation to call the witnesses whom the complainant wished it to hear, since it was for that body to decide whether such a step was appropriate.
internal appeals body; adversarial proceedings; due process
The Tribunal is of the opinion that, as the [organisation] itself recognises, the events to which the Appeal Board referred do not constitute “extraneous, unforeseeable and compelling factors”. The defendant organisation may not therefore rely on force majeure to justify a failure to comply with the time limit for the submission of the Board’s report. In this case, however, this flaw had no practical implications and hence does not warrant an award of damages.
internal appeal; force majeure; moral damages
[T]he Tribunal draws attention to the fact that every international civil servant has the right to be informed of her or his supervisors’ appraisal of her or his service (see Judgments 1394, under 5, 2067, under 10, or 3171, under 30). The organisation therefore has a duty to evaluate an official’s work in a timely manner and any failure to do so is a breach of its obligations to its staff.
ILOAT Judgment(s): 1394, 2067, 3171