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Judgment No. 4007

Decision

1. The Registrar’s 19 January 2016 decision is set aside, as is the earlier decision of 21 May 2015.
2. The ICC shall pay to each complainant moral damages in the amount of 5,000 euros.
3. The ICC shall pay costs to each complainant in the amount of 500 euros.
4. All other claims are dismissed.

Summary

The complainants challenge their redeployment following a restructuring.

Judgment keywords

Keywords

complaint allowed; decision quashed; redeployment

Consideration 1

Extract:

As the two complaints raise the same issues and seek similar redress they are joined to form the subject of a single judgment.

Keywords

joinder

Consideration 4

Extract:

In Judgment 3740, under 11, the Tribunal reiterated that “for there to be a cause of action a complainant must demonstrate that the contested administrative action caused injury to the complainant’s health, finances or otherwise or that it is liable to cause injury”. It is evident that the redeployment of a staff member to a new post is liable to cause injury, and it follows that the complainants have a cause of action and the complaints are receivable.

Reference(s)

Jugement(s) TAOIT: 3740

Keywords

cause of action; redeployment

Considerations 5 and 8

Extract:

In Judgment 3907, [...] the Tribunal considered the lawfulness of the Principles and Procedures. At consideration 26, the Tribunal held:
“As the promulgation of the Principles and Procedures by Information Circular was in violation of the Presidential Directive, they were without legal foundation and are, therefore, unlawful as are the decisions taken pursuant to the Principles and Procedures. It follows that the decisions to abolish the complainant’s position and to terminate the complainant’s appointment were also unlawful and will be set aside.” [...]
The ICC does not dispute the fact that the redeployment was effected pursuant to the Principles and Procedures and does not seek to establish that it could have been done lawfully by other means. Accordingly, for the reasons stated in Judgment 3907, the redeployment decisions are unlawful and will be set aside, as will the impugned decisions [...]. In the circumstances, a consideration of whether the complainants’ positions underwent substantial changes as a result of the redeployment is unnecessary.

Reference(s)

Jugement(s) TAOIT: 3907

Keywords

patere legem; abolition of post; publication



 
Dernière mise à jour: 15.09.2020 ^ haut