Judgment No. 781
Decision
1. THE ORGANIZATION SHALL PAY THE COMPLAINANT 50,000 FRENCH FRANCS, TO BEAR INTEREST AT 10 PER CENT A YEAR AS FROM THE DATE OF THE JUDGMENT.
2. IT SHALL PAY HIM 25,000 FRENCH FRANCS IN COSTS.
3. HIS OTHER CLAIMS ARE DISMISSED.
Summary
Extract:
The Director-General informed the complainant on 25 May 1982 that his appointment as Assistant Director-General would end on 31 May 1983, when he would be transferred. He was on leave from 1 July 1982 to 31 May 1983. On 1 June 1983 he reported for duty at his former office. Shortly thereafter the Inspector-General came to tell him that the Director-General had ordered him to make an inventory of the papers that were in the office. UNESCO submits that the complainant's return to his former office was a "wilful act of defiance and insubordination". The complainant maintains that the organization was in breach of its duty to treat him with respect. The Tribunal finds that the main purpose of the Inspector-General's action was to impose on the complainant a moral sanction unwarranted by anything in the rules or by any factual consideration. Such an attack on his good name within the organization caused moral injury which, because of his senior rank, is the more serious.
Keywords
moral injury; respect for dignity
|
