Judgment No. 907
1. THE TRIBUNAL SETS ASIDE THE DECISION OF 31 MARCH 1987 DISMISSING THE COMPLAINANT AND THE CONFIRMATORY DECISION OF 6 OCTOBER 1987.
2. THE GATT SHALL PAY HIM 12,000 SWISS FRANCS IN MORAL DAMAGES.
3. IF IT REINSTATES HIM IT SHALL PAY HIM THE FURTHER AMOUNT OF DAMAGES RECKONED AS SET OUT IN 7 ABOVE.
4. IF IT DOES NOT IT SHALL PAY HIM THE FURTHER AMOUNT OF DAMAGES RECKONED AS SET OUT IN 8 ABOVE.
5. IT SHALL PAY HIM 4,000 SWISS FRANCS IN COSTS.
"Since he has twice had his dismissal set aside [the GATT] should reinstate him in a post equivalent to the one he held. If it does it shall pay him for the period from the date of his departure up to the date of his reinstatement, the amount to be reduced by the sums it has already paid him and any earnings he may have been paid during the period. His pension rights shall be fully restored."
amount; damages; contract; reinstatement; permanent appointment; termination of employment; consequence
The complainant was dismissed a first time on the grounds of abolition of post. That decision having been quashed by the Tribunal, he was dismissed a second time on the grounds of unsatisfactory service. The organisation submits that as the complainant pressed his suit, it had no other choice. "But allowing such a plea would be tantamount to gainsaying the staff member's right to take exception in some instances to the organisation's decision: there is no misconduct in exercising the right of appeal and asking that the decision be lawful."
right of appeal; termination of employment; unsatisfactory service
"In Judgment 807 the Tribunal remanded the case for a new decision. It gave due instructions, observing that the complainant had not had the opportunity of answering the allegations about his work and the disruption of his section; it said that the organisation might resume the dismissal procedure on some other grounds provided for under the Staff Regulations. There were, quite plainly, supposed to be adversarial proceedings before the new decision was taken."
ILOAT Judgment(s): 807
adversarial proceedings; right to reply; organisation's duties; termination of employment; flaw; consequence
"The general rule is that no decision adverse to a staff member may be taken unless he has been made aware of the organisation's intention and been given an opportunity to state his case."
decision; general principle; right to reply; duty to inform; flaw
The complainant "is not entitled to damages for his wife's loss of salary and pension rights. Even if proven, the injury would not be directly attributable to the unlawful decisions."
decision; injury; moral injury; termination of employment; compensation; consequence; material damages