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Judgment No. 2616

Decision

1. The Organization's decision dated 23 May 2005 is quashed as is the decision dated 16 December 2002.
2. UNESCO shall pay the complainant his salary and all related benefits, including pension entitlements - for the period from the date of his termination, namely 20 December 2002, to the date on which he would have retired but for his termination, namely 18 March 2004 - together with compound interest at the rate of 8 per cent per annum. The Organization shall be entitled to set off against this amount any earnings the complainant has received in this period and the amounts, if any, paid by the Organization pursuant to the Staff Rules governing payment upon termination.
3. The Organization shall also pay the complainant 1,000 euros in costs.
4. All other claims are dismissed.

Consideration 24

Extract:

"The failure of the [Joint Disciplinary Committee] and, in turn, the Director-General to take into account the highly relevant evidence as to the complainant's health [...] constitutes an error of law."

Keywords

advisory body; evidence; organisation's duties; health reasons; disciplinary procedure; executive head; disregard of essential fact



 
Dernière mise à jour: 18.08.2020 ^ haut