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Judgment No. 411

Decision

It is ordered that
1. the decision of 3 March 1978 be quashed;
2. the Organization should pay to the complainant as compensation 3,000 Swiss francs;
3. the other claims for relief be dismissed.


Consideration 3

Extract:

"the obligation of the organization [...] is to do all that is practicable to see that a staff member is given work and responsibility appropriate to his grade."

Keywords

organisation's duties; assignment; grade


Consideration 6

Extract:

"the complainant is being compensated, not for the lack of a worthwhile job - the organization does not guarantee that - but for the slackness and delay on the part of the administration in looking for one for him."

Keywords

complaint allowed; injury; administrative delay; decision quashed; assignment; transfer


Consideration 5

Extract:

the chief element in the compensation to which complainant is entitled is the loss of the enjoyment of his job. "true, the new job was a 'comedown' and as such might have damaged him professionally if the damage had not already been done by the events recorded in judgment no. 361: for such damage compensation has been paid."

Reference(s)

ILOAT Judgment(s): 361

Keywords

injury; professional injury; damages; transfer


Consideration 7

Extract:

the complainant asks for the rescission of the assignment in question. "since the complainant has now resigned from the organization, the organization submits that no purpose would be served by quashing the [...] assignment. however, the complainant protested strongly at the time against the assignment as unworthy of him and he is entitled to the formal order if he wishes it."

Keywords

cause of action; assignment; transfer; separation from service; application for quashing



 
Last updated: 01.11.2012 ^ top