Judgment No. 2226

• Organization: World Trade Organization (WTO)
• Date: 16.07.2003
• Original: English
• Judges: Gentot, Hugessen, Romero
• Full judgment text - Full judgment text (french)

Decision

1. THE IMPUGNED DECISION IS QUASHED.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT 10,000 SWISS FRANCS IN DAMAGES FOR MORAL INJURY.
3. IT SHALL PAY HIM 3,000 FRANCS IN COSTS.
4. ALL OTHER CLAIMS ARE DISMISSED.

Consideration 21

Extract:

The complainant was reassigned from one day to the next. "Considering the complainant's length of service (12 years with the organization), the absence of any report of misconduct or unsatisfactory performance on his part, or any indication of urgency that might have justified a sudden, unheralded management decision to reassign him, the action of the Director-General was flawed by procedural irregularity."

Keywords

decision; organisation; report; lack of evidence; work appraisal; period; satisfactory service; reassignment; misconduct; notice; unsatisfactory service; executive head; executive body; flaw; procedural flaw

Consideration 20

Extract:

In one case, the Tribunal conceded that the Organization's own interests are paramount, "but it must still, for the sake of proper management and mutual confidence, treat its staff fairly […]. It must give him a statement of the reasons for the transfer and the opportunity of responding" (see Judgment 1234, under 19).

Reference(s)

ILOAT Judgment(s): 1234

Keywords

transfer; motivation