Judgment No. 1614
1. The Fund shall pay her material damages as set out under 13.
2. It shall pay her 3,000 United States dollars in costs.
3. Her other claims are dismissed.
"As circumstances change so must an organisation reform its structure, and that may mean doing away with posts. Even if abolition is not expressly provided for, no organisation can be required to abide for evermore by the same approach to what it has to do."
complaint allowed; complaint allowed in part; organisation; decision quashed; abolition of post; reorganisation; discretion
The complainant's appointment was terminated after the Organisation abolished her post. Although the organisation knew it had a duty to look into possibilities of reassignment "it had not 'seriously' done so during the period of notice, as the rules required [as stated under Personnel Policies Manual Article 5.7.11(b)], or even afterwards. Indeed it has acknowledged by implication its failure to comply with that duty: why else offer her 'additional compensation' in relief? The plea succeeds and for that reason alone the impugned decision must be set aside."
Organization rules reference: ARTICLE 5.7.11(B) OF IFAD PERSONNEL POLICIES MANUAL
complaint allowed; complaint allowed in part; decision quashed; organisation's duties; staff regulations and rules; compensatory allowance; abolition of post; reassignment; termination of employment
"Contrary to what the complainant alleges, the reasons for abolishing her post were objective and had nothing to do with her own personality or performance. The decision cast no slight on her integrity and was no affront to her dignity. Her supervisors kept her informed orally and in writing about the progress of the reforms and about her own status. They thereby showed a wish to prepare her for the consequences and no bad faith may be imputed to them. The conclusion is that the defendant caused her no unnecessary or undue injury."
complaint allowed; complaint allowed in part; lack of injury; moral injury; decision quashed; good faith; organisation's duties; duty to inform; respect for dignity; abolition of post