Judgment No. 922
1. THE DECISION OF 17 FEBRUARY 1988 BY THE SPOKESMAN OF THE ARAB LANGUAGE GROUP, NOTIFIED BY THE DIRECTOR-GENERAL'S LETTER OF 24 FEBRUARY, AND THE DECISION NOTIFIED BY THE LETTER OF 31 MAY 1988 ARE SET ASIDE.
2. THE UNION SHALL PAY THE COMPLAINANT DAMAGES EQUIVALENT TO THE SUMS HE WOULD HAVE BEEN PAID HAD HE REMAINED ON THE STAFF FROM THE DATE OF HIS DISMISSAL UP TO THE DATE OF THIS JUDGMENT.
3. THE UNION SHALL PAY HIM 2,000 SWISS FRANCS IN COSTS.
In Judgment 868 the Tribunal quashed the decision to dismiss the complainant on the grounds of unsatisfactory performance and referred the case back to the Union. The organisation having merely confirmed its earlier decision without further inquiry, the new decision is set aside and "the Union shall pay the complainant damages equivalent to the sums he would have been paid had he remained on the staff from the date of his dismissal up to the date of this judgment."
ILOAT Judgment(s): 868
complaint allowed; confirmatory decision; amount; decision quashed; termination; unsatisfactory service; material damages
"The Tribunal set aside the original dismissal and ordered review. Compliance with its ruling calls for more than a bald affirmation that there has been further inquiry. The complainant ought to have been received and given his say, and the decision he is now challenging ought to have set out the findings of the further inquiry. Such response to the Tribunal's ruling is cavalier and unacceptable."
procedure; decision; confirmatory decision; case sent back to organisation; right to reply; organisation's duties; flaw; consequence