Judgment No. 2156
1. THE DECISION OF THE SECRETARY GENERAL OF THE FEDERATION DATED 19 JULY 2001 IS SET ASIDE.
2. THE FEDERATION SHALL PAY THE COMPLAINANT AN INDEMNITY EQUIVALENT TO: (A) THE SALARY THAT SHE WOULD HAVE RECEIVED FOR THE MONTH OF JUNE 2001; AND (B) THREE ADDITIONAL MONTHS SALARY.
3. IT SHALL PAY HER 5,000 SWISS FRANCS IN COSTS.
4. THE COMPLAINANT'S OTHER CLAIMS ARE DISMISSED.
5. THE FEDERATION'S COUNTERCLAIM IS DISMISSED.
"Admittedly, precedent has it that international organisations can undertake restructuring where it is necessary to achieve greater effectiveness, or indeed to make savings, and can therefore regroup certain functions and make staff reductions. But any job abolitions arising out of such a policy must be justified by real needs, and not be immediately followed by the creation of equivalent posts."
complaint allowed; complaint allowed in part; case law; creation of post; post; abolition of post; termination; staff reduction; cause
"The general principles which govern employment relationships in international organisations and which are also generally recognised in national labour legislation" recognise "that elected representatives of the staff enjoy specific rights and safeguards".
complaint allowed; complaint allowed in part; general principle; international civil service principles; domestic law; staff representative; right; safeguard