Judgment No. 1376
1. THE DIRECTOR-GENERAL'S DECISION OF 23 MARCH 1993 IS QUASHED.
2. THE ORGANIZATION SHALL REINSTATE THE COMPLAINANT, AS PROVIDED IN 20(1), AS FROM THE DATE OF TERMINATION OF HER APPOINTMENT.
3. IT SHALL GRANT HER A CONTRACT OF EMPLOYMENT FOR TWO YEARS, AS PROVIDED IN 20(2), FROM THE DATE OF THIS JUDGMENT.
4. IT SHALL ESTABLISH A REPORT APPRAISING HER PERFORMANCE FROM MAY 1990 TO APRIL 1991.
5. IT SHALL PAY HER 25,000 SWISS FRANCS IN MORAL DAMAGES.
6. IT SHALL PAY HER 6,000 SWISS FRANCS IN COSTS.
The purpose of Headquarters Board of Appeal's rules of procedure is "to promote the expeditious and orderly hearing of appeals, not to deprive appellants of any right of appeal conferred on them by the Staff Rules."
internal appeals body; internal appeal; right of appeal; time limit; due process; organisation's duties; staff member's interest; staff regulations and rules; purpose
"According to the case law - see for example Judgment 607 [...] under 8 - though the rules on internal appeals must be respected because proper administration so requires, 'they are not supposed to be a trap or a means of catching out a staff member who acts in good faith'."
ILOAT Judgment(s): 607
internal appeal; internal remedies exhausted; right of appeal; time limit; case law; good faith; organisation's duties; staff member's interest; organisation's interest
"The organization has asked that if its objections to receivability are not upheld the Tribunal send the case back to the Headquarters Board of Appeal. The Tribunal will not do so. The Board has already had the opportunity to go into the merits but declined to do so, and there is no call to afford it the opportunity again."
internal appeals body; remand; due process; organisation's duties; judicial review; refusal
"Any organisation that is serious about deterring sexual harassment and consequential abuse of authority by a superior officer must be seen to take proper action. In particular victims of such behaviour must feel confident that it will take their allegations seriously and not let them be victimised on that account. In this case the WHO has utterly failed to protect the complainant's rights."
moral injury; right to reply; negligence; organisation's duties; staff member's interest; breach; supervisor; misuse of authority; bias; sexual harassment; abuse of power
"The damage caused to the complainant's career and reputation is so grave that no form of redress short of reinstatement and the grant of a further contract of employment will suffice."
injury; material injury; moral injury; career; contract; reinstatement; compensation