Judgment No. 848
1. THE DIRECTOR GENERAL'S DECISION OF 10 OCTOBER 1986 IS QUASHED AND THE WARNING DATED 10 MARCH 1986 SET ASIDE AND ANY RECORD OF IT SHALL BE REMOVED FROM THE COMPLAINANT'S FILE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT AS DAMAGES FOR MORAL INJURY THE SUM OF 10,000 SWISS FRANCS WITH INTEREST THEREON AT 8 PER CENT A YEAR FROM 18 APRIL 1986 UNTIL THE DATE OF PAYMENT.
3. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE SUM OF 6,000 SWISS FRANCS TOWARDS HIS LEGAL COSTS.
"The undisputed evidence is that the complainant was endowed at birth with Chilean nationality in accordance with the laws of his country. [...] Among the documents exhibited in the dossier are copies of the complainant's birth certificate, his Chilean identity card, a safe-conduct [...] and, finally, a Chilean passport issued to him on 28 April 1986. All this is overwhelming proof of the complainant's right to Chilean nationality."
nationality; evidence; disclosure of evidence
"The organization is bound to recognise that 'everyone has the right to a nationality' and that 'no one shall be arbitrarily deprived of his nationality', as stated in the Universal Declaration of Human Rights approved on 10 December 1948. It should also have been guided by the definition of stateless persons set out in Article I of the Convention relating to the status of stateless persons of 28 September 1954 as 'a person who is not considered as a national by any State under the operation of its law'."
nationality; stateless; definition; right
The complainant stated on his employment application that he was of Chilean nationality. Learning that he didn't have a Chilean passport, the Director General imposed a written reprimand for serious misconduct. According to the Tribunal, "the Director General's decision that the complainant had not proved his Chilean nationality was based on an error of law and a failure to take essential facts into consideration. Therefore it cannot stand."
complaint allowed; nationality; decision quashed; evidence; misrepresentation; serious misconduct; disciplinary measure; warning; disregard of essential fact; flaw