Judgment No. 3906
1. The Registrar’s decision of 23 March 2016 is set aside.
2. The case is remitted to the ICC for consideration in accordance with consideration 19 of the judgment.
3. The ICC shall pay the complainant moral damages in the sum of 20,000 euros.
4. The ICC shall pay the complainant costs in the amount of 4,000 euros.
5. All other claims are dismissed.
The complainant challenges the termination of her fixed-term appointment.
complaint allowed; receivability of the complaint; internal appeals body; internal appeal; decision quashed; case sent back to organisation
In the present case, the Appeals Board was cognisant of the complainant's possible confusion stemming from the surrounding circumstances and that she was not informed of her appeal rights. In the circumstances, it was incumbent on the Appeals Board to consider whether there were exceptional circumstances warranting the exercise of its discretionary authority to waive the time limits. As the Appeals Board's recommendation is tainted by errors of fact and law, the Registrar's decision based on that recommendation is also tainted by those errors and will be set aside.
Indeed, for the foregoing reasons, there were clearly grounds on which a conclusion could be reached that there were exceptional circumstances and the Appeals Board should have considered waiving compliance with the time limits and considered the appeal on the merits. The case will be remitted to the ICC for that purpose.
case sent back to organisation