Judgment No. 3586
1. The impugned decision is set aside.
2. WHO shall pay the complainant material damages in the amount of 80,000 United States dollars.
3. WHO shall also pay the complainant moral damages in the amount of 30,000 United States dollars.
4. WHO shall pay interest on the sums referred to in points 2 and 3 at the rate of 5 per cent per annum from the date of public delivery of this judgment until the date of payment, unless these sums are paid within 30 days of the date of public delivery of this judgment.
5. WHO shall also pay to the complainant costs in the amount of 6,000 United States dollars.
6. All other claims are dismissed.
The complainant contests the decision not to extend his fixed-term appointment.
complaint allowed; decision quashed; due process; equity; fixed-term; non-renewal of contract; duty of care
The Tribunal has consistently stated that the principle of equality of arms must be observed by ensuring that all parties in a case are provided with all of the materials an adjudicating body such as the HBA uses in an internal appeal, and that the failure to do so constitutes a breach of due process. WHO breached due process by not having provided the relevant documents to the complainant. It also breached due process by not disclosing all of the agreements and related information, which could have assisted the HBA to have made a properly informed determination whether financial constraint was a valid reason for not extending the complainant’s contract.
disclosure of evidence; due process