Judgment No. 2259
1. THE DECISIONS OF THE EXECUTIVE SECRETARY OF 4 JULY 2001 AND 8 JULY 2002 ARE SET ASIDE.
2. THE COMMISSION SHALL AWARD THE COMPLAINANT COMPENSATION EQUIVALENT TO THREE MONTHS' SALARY AND ALLOWANCES BASED ON HIS LAST SALARY.
3. IT SHALL ALSO AWARD HIM COMPENSATION IN THE AMOUNT OF 10,000 EUROS FOR MORAL INJURY.
4. THE COMMISSION SHALL PAY THE COMPLAINANT 2,000 EUROS IN COSTS.
5. HIS OTHER CLAIMS ARE DISMISSED.
Contrary to the terms of an administrative directive, a proposal for reappointment of the complainant was not forwarded by the division director to the personnel section. The Tribunal recalls that "compliance with the rules of procedure is among the guarantees offered to international civil servants. There is nothing to suggest that the omission of a formality has no adverse effects on the situation of the staff members concerned."
procedure; complaint allowed; complaint allowed in part; due process; organisation's duties; contract; separation from service; non-renewal of contract; effect; omission; safeguard