Judgment No. 1434

• Organization: World Health Organization (WHO)
• Date: 06.07.1995
• Original: English
• Judges: Fernando, Pescatore, Douglas
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 28 FEBRUARY 1994 IS QUASHED.
2. THE CASE IS SENT BACK TO THE ORGANIZATION SO THAT THE REGIONAL BOARD OF APPEAL AND, IF NEED BE, THE HEADQUARTERS BOARD MAY TAKE UP THE COMPLAINANT'S APPEAL ANEW.
3. THE ORGANIZATION SHALL MAKE AVAILABLE TO THE BOARDS OF APPEAL THE FULL RECORDS OF THE SELECTION COMMITTEE'S PROCEEDINGS FOR THE PURPOSE OF APPEAL.
4. IT SHALL PAY THE COMPLAINANT 3,000 UNITED STATES DOLLARS IN MORAL DAMAGES.
5. IT SHALL PAY HIM 200 DOLLARS IN COSTS.
6. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 9

Extract:

The organization denied the Appeals Board access to information and documents that were given to the Selection Board. The Tribunal holds that the complainant "was denied due process in the internal appeal proceedings, and for that he was entitled to redress. the organization did not offer him any. The Tribunal will therefore award him 3,000 United States dollars in moral damages".

Keywords

moral injury; internal appeals body; internal appeal; confidential evidence; selection board; flaw; procedural flaw; compensation