Judgment No. 1380
THE COMPLAINT IS DISMISSED.
The complainant "did not suffer any injury which hampered her career and is therefore not entitled to any award of damages. The mere fact that a decision was initially flawed does not suffice to warrant awarding her damages for moral injury. The flaw was [later] corrected [...] to be entitled to moral damages she must show that she has suffered more severe injury than that which an improper decision ordinarily causes."
decision; lack of injury; moral injury; professional injury; damages; evidence; burden of proof; lack of evidence; flaw; formal flaw; criteria
The complainant is seeking material and moral damages. The Tribunal observes that she made no such claim during the internal appeals proceedings and holds that her claim "is irreceivable under Article VII(1) of the Tribunal's Statute because she has not exhausted the internal means of appeal."
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
claim; new claim; moral injury; receivability of the complaint; internal appeal; internal remedies exhausted; iloat statute; material damages
The complainant says that "the administration failed to observe the time limit of sixty days when it replied to the Joint Appeals Board on [two appeals she had lodged], in breach of Rule 112.02(b)(ii). This provision has no application to the organization's reply in the internal appeals procedure: the time limit of sixty days applies to the Director-General's reply to a written request under Rule 112.02(a) for review of an administrative decision."
Organization rules reference: STAFF RULE 112.02
internal appeals body; internal appeal; time limit; due process; organisation's duties; staff regulations and rules