Judgment No. 1331

• Organization: Pan American Health Organization (PAHO)
• Date: 31.01.1994
• Original: English
• Judges: Fernando, Ruda, Razafindralambo
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR'S DECISION OF 11 DECEMBER 1992, AND THE SUBSEQUENT SELECTION AND APPOINTMENT OF MISS GARRIDO, ARE QUASHED.
2. THE ORGANIZATION SHALL RE-ADVERTISE POST 5441 ON THE TERMS STATED IN THE VACANCY NOTICE OF 30 AUGUST 1990 AND SHALL HOLD A NEW PROCESS OF SELECTION.
3. IT SHALL PAY THE COMPLAINANT $1,000 IN DAMAGES FOR MORAL INJURY.
4. IT SHALL PAY HER $3,000 IN COSTS.
5. THE APPLICATION TO INTERVENE IS ALLOWED.

Consideration 13

Extract:

"On account of the undue delay in the selection process [i.e. some ten months between the issue of the vacancy notice and the meeting of the Selection Committee] the Tribunal awards the complainant damages for moral injury in a sum of 1,000 United States dollars."

Keywords

procedure before the tribunal; moral injury; administrative delay; delay; due process; competition; competition cancelled; selection board; vacancy notice

Consideration 14

Extract:

The Organization has not challenged the right of [...] as another applicant for the post to intervene in the complaint. Her intervention is allowed but since she has failed to show any moral injury she is not awarded any sum under that head.

Keywords

intervention; moral damages