Judgment No. 1782
1. The decisions of 19 June 1996 and 4 July 1997 are quashed.
2. UNIDO shall reinstate the complainant as from 29 June 1996, treat her as having taken early retirement in January 1998, and pay her the sums due in accordance with 13 above.
3. It shall pay her 30,000 United States dollars in moral damages.
4. It shall pay her 2,000 dollars in costs.
5. All her other claims are dismissed.
"What [Staff Rule 110.02 a) on abolition of posts and staff reduction] entitles staff members with permanent appointments to is preference to 'suitable posts in which their services can be effectively utilized', and that means posts not just at the same grade but even at a lower one. [...] The Advisory Group should have asked the complainant [who held grade G.7] at the outset whether she would accept a G.6 post. Because it failed to do so, it considered her for vacant posts at G.7 only and deprived her of the opportunity of being considered for G.6 vacancies." See also Judgment 346 [...].
Organization rules reference: UNIDO'S STAFF RULE 110.02 A)
Jugement(s) TAOIT: 346
complaint allowed; complaint allowed in part; decision quashed; organisation's duties; staff regulations and rules; vacancy; grade; contract; post; duration of appointment; permanent; abolition of post; priority; staff reduction