Judgment No. 3222
1. UNIDO shall pay the complainant moral damages in the amount of 2,000 euros for failing to provide documents the complainant was entitled to in a timely manner.
2. It shall also pay him 1,000 euros in costs.
3. The complaint is otherwise dismissed.
The complainant contests the decision not to disclose some documents related to the procedure concerning his claim for compensation for a service-incurred illness.
"While the Tribunal’s case law recognises a need to apply Article VII(1) of its Statute with some flexibility (see, for example, Judgments 2360 and 2457), there are no decisions which support the view that a claim about a discrete subject can be introduced at a late stage in an internal appeal about an entirely different subject and the fact that it has been satisfies the requirement that internal appeals have been exhausted before a complaint about the different subject matter can be litigated in the Tribunal."
ILOAT reference: Article VII of the Statute
Jugement(s) TAOIT: 2360, 2457
new claim; receivability of the complaint; internal remedies exhausted
complaint allowed; disclosure of evidence; service-incurred