Judgment No. 4095
1. WHO shall pay the complainant an amount equal to four and a half months’ salary, including all emoluments and allowances, as material damages, less any earnings he may have received from other employment in the period from 1 July to 14 November 2015.
2. WHO shall pay him 700 United States dollars in costs.
3. All other claims are dismissed.
The complainant contests the decision to abolish his post and to terminate his fixed-term contract.
abolition of post; termination
[...] In some cases the discrepancy between the amount claimed in an internal appeal and the amount claimed in the proceedings before the Tribunal sustains a conclusion that what is claimed in the latter proceedings is a new claim and irreceivable (see, for example, Judgment 3997, considerations 3 to 6). In other cases it might be difficult to characterise the claim for a larger amount in the Tribunal as a new claim. Nonetheless, in the absence of an explanation for the increased amount, the Tribunal has set its face against a complainant pursuing the larger amount (see, for example, Judgment 3419, consideration 7).
ILOAT Judgment(s): 3419, 3997
new claim; moral damages; material damages