Judgment No. 2226
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.
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."
decision; organisation; report; lack of evidence; work appraisal; period; satisfactory service; reassignment; misconduct; notice; unsatisfactory service; executive head; executive body; flaw; procedural flaw
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).
ILOAT Judgment(s): 1234