Judgment No. 3127
1. The decision of 2 December 2009 is set aside.
2. The case is remitted to the CDE, as stated under 14 above.
3. The Centre shall pay the complainant 2,000 euros for moral injury.
4. It shall also pay her 2,000 euros in costs.
5. The complainant’s other claims are dismissed, as is the CDE's counterclaim.
"[W]here an internal appeal is lodged within the required time limit but fails to comply with the formal requirements set down in the applicable rules, it is for the organisation, in the exercise of its duty of care, to enable the complainant to correct the appeal by granting him or her a reasonable period of time in which to do so."
complaint allowed; complaint allowed in part; formal requirements; internal appeal; time limit; correction of complaint; reasonable time; organisation's duties; written rule; breach; duty of discretion; duty of care
"[T]he right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority. Thus, except in cases where the staff member concerned forgoes the lodging of an internal appeal, an official should not in principle be denied the possibility of having the decision which he or she challenges effectively reviewed by the competent appeal body (see, for example, on that point Judgments 2781, under 15, and 3068, under 20)."
Jugement(s) TAOIT: 2781, 3068
complaint allowed; complaint allowed in part; international civil servant; internal appeals body; internal appeal; waiver of right of appeal; tribunal; right of appeal; exception; general principle; safeguard