Judgment No. 2837
1. The impugned decision is set aside.
2. The case is referred back to the ILO so that it may proceed as indicated under consideration 8.
3. The Organization shall pay the complainant costs in the amount of 1,500 Swiss francs.
4. The complaint is otherwise dismissed.
"[A]rguments raised before internal appeals bodies can be developed in a complaint before the Tribunal, but the complaint cannot include new claims (see, in particular, Judgments 429, under 1, 452, under 1, and 1380, under 12)."
Jugement(s) TAOIT: 429, 452, 1380
new claim; receivability of the complaint; new plea
The complainant was not granted the personal promotion she was eligible for and the Organization did not respect its obligation to publish the list of officials who were granted such a promotion.
"Contrary to the Organization, which maintains that its failure to publish the list could not have caused any injury to the complainant and in no way influenced the decision to refuse her such a promotion, the Tribunal considers that non publication of the list in question deprived the complainant of information that she might have found useful in filing a request for review [...].
The impugned decision must therefore be set aside [...], and the case must be referred back to the Organization so that it may publish the list of officials who were granted a personal promotion [...]. The complainant may, if she so wishes, file a request for review within a fixed period from the date of publication of the list in question."
time limit; organisation's duties; written rule; breach; personal promotion; consequence; publication; refusal