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Judgment No. 810

Decision

1. THE IMPUGNED DECISIONS ARE QUASHED.
2. THE COMPLAINANT IS REFERRED BACK TO THE ORGANIZATION FOR RESTORATION OF HIS STATUS AS AN OFFICIAL OVER THE PERIOD COVERED BY THE DECISION OF 27 JULY 1984. ANY SUMS PAYABLE TO HIM SHALL BEAR INTEREST AT THE RATE OF 10 PER CENT A YEAR AS FROM THE DATE ON WHICH THEY FELL DUE.
3. THE ORGANIZATION SHALL PAY HIM 50,000 FRENCH FRANCS IN MORAL DAMAGES.
4. IT SHALL PAY HIM 25,000 FRANCS IN COSTS.
5. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 2

Extract:

"the fact that only the chairman signed [the appeal board report] is not in itself a flaw. it is not argued that the text fails to record the views of the majority of the board."

Keywords

formal requirements; internal appeals body; recommendation; report; flaw; formal flaw

Consideration 7

Extract:

"what good faith requires is that when someone is transferred he should be given proper notice, and not just of a vague intention, but of the nature of the post he is to get and of the duty station." the complainant did not accept the transfer and was dismissed. the decision is quashed and the tribunal orders the restoration of the complainant's status as an official.

Keywords

complaint allowed; decision quashed; reconstruction of career; good faith; organisation's duties; duty to inform; duty station; transfer; post description; termination; notice; refusal

Consideration 7

Extract:

"a transfer decision that is made known five days before it comes into effect leaves the official no time in which to act or even to think".

Keywords

time limit; transfer; notice

Consideration 5

Extract:

"an executive has wide discretion in assigning staff in the organization's interest. but his authority is not absolute and the lawfulness of his decision is subject to review, albeit limited review because the tribunal may not meddle in the actual running of the organization."

Keywords

assignment; judicial review; discretion

Consideration 10

Extract:

the tribunal refers the complainant back to the organization for retroactive restoration of his status as an official. "the director-general will exercise his discretion in executing this judgment. the tribunal may not give directions but trusts that the matter will be looked into, after consultation with the complainant, in an attempt to reach a settlement."

Keywords

competence of tribunal; judgment of the tribunal; reconstruction of career; execution of judgment; discretion



 
Dernière mise à jour: 16.10.2012 ^ haut