Judgment No. 1854
1. The Director General's decision communicated on 28 April 1998 is set aside.
2. The ESO is directed either to reinstate the complainant or to pay him compensation, as set out in 20 above.
3. The ESO is directed to pay the complainant a sum of 2,000 United States dollars in costs.
4. The complainant's other claims are dismissed.
Considerations 15, 17 and 18
The post of the complainant (employed on a permanent contract) was abolished and replaced by a new one of higher level, the functions of which however remained substantially similar to those of the previous post. "By changing the requirements [the organisation] manifested its desire to have those functions performed by a person with higher academic or professional qualifications, but it does not prove that the complainant, who had twenty-eight years of experience with the [organisation], was unable to perform them. [T]he complainant has [...] shown that, prima facie, the functions of the new post were substantially similar to his post, and within his capabilities [...] on the other hand, the [organisation] has failed to prove that the new post did have greater responsibilities; or that it was higher in grade than the old one; or that its greater responsibilities were recognised by way of higher remuneration. [I]n the circumstances, the Tribunal holds that there was no genuine suppression of the complainant's post, and that the termination of his contract was caused mainly by an unjustified loss of confidence in him by the administrator."
grade; professional experience; contract; post; training; permanent appointment; abolition of post
The impugned decision must therefore be set aside. As for relief, the complainant has throughout been willing to accept compensation in lieu of reinstatement. Therefore the Tribunal will exercise its discretion under Article VIII of its Statute (as in Judgment 1586 [...] and Judgment 1745) to let the ESO choose between two options. It shall either reinstate the complainant with effect from 1 August 1997, or pay him compensation in a sum equivalent to three times the total gross remuneration paid for the period from 31 July 1996 up to 31 July 1997 (in addition to the termination indemnities already offered or paid by the ESO).
ILOAT reference: Article VIII of the Statute
Jugement(s) TAOIT: 1586, 1745