Judgment No. 2285
Decision
1. The ILO shall pay the complainant the sum of 25,000 Swiss francs in compensation for the moral injury she suffered.
2. It shall also pay her 2,000 francs in costs.
Consideration 5
Extract:
"[T]he Tribunal considers that it need not ascertain whether procedural irregularities were committed by the Ombudsperson, since the latter merely put forward a proposal which did not constitute a decision and which was addressed exclusively to the complainant, inviting her to relinquish her management responsibilities, that is, to resign. The only decision the complainant can challenge is precisely that which she alleges was unlawful, namely the decision [taken on behalf of the Director-General to release her from her position], which was independent of the Ombudsperson's proposal. Even though there is no doubt that it was the outcome of the Ombudsperson's investigations which led the [...] authorities to take the challenged decision, the lawfulness of that decision must be assessed independently of the Ombudsperson's proposal."
Keywords
procedure before the tribunal; decision; advisory body; recommendation; submissions; transfer; resignation; procedural flaw
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