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Judgment No. 2975

Decision

1. The Director-General's decision of 10 October 2008 is set aside to the extent that it did not award the complainant more than 10,000 Swiss francs as moral damages.
2. WHO shall pay the complainant moral damages in the amount of 30,000 francs, inclusive of the amount awarded by the Director-General.
3. It shall also pay her costs in the amount of 3,000 francs.
4. All other claims are dismissed.

Consideration 9

Extract:

Organisation's failure to fully investigate allegations of harassment / Non-renewal of a fixed-term appointment as a result of restructuring.
"The case law allows that where the Administration has failed to take a decision 'within sixty days from the notification of the claim to it', as provided for by Article VII, paragraph 3, of the Statute of the Tribunal, and the staff member has done all that is legally possible to secure a final decision within a reasonable time and a decision is not received, he or she may proceed directly before the Tribunal without waiting for a final decision (see Judgment 2631, under 3)."

Reference(s)

ILOAT reference: Article VII, paragraph 3, of the Statute
Jugement(s) TAOIT: 2631

Keywords

absence of final decision; receivability of the complaint; direct appeal to tribunal; time limit; iloat statute

Consideration 15

Extract:

"It is well established in the case law that decisions taken in relation to restructuring and the reclassification of posts within an Organization's structure are 'within the discretion of the organisation and may be set aside only on limited grounds [...] for example, if the competent bodies breached procedural rules, or if they acted on some wrong principle, overlooked some material fact or reached a clearly wrong conclusion' (see Judgment 2807, under 5)."

Reference(s)

Jugement(s) TAOIT: 2807

Keywords

post classification; reorganisation; judicial review; discretion



 
Dernière mise à jour: 16.08.2017 ^ haut