Judgment No. 2414
1. The decision of the Secretary-General of 6 November 2003 neither to convert nor renew the complainant's contract is set aside, as are the earlier decisions thereby confirmed.
2. The ITU shall pay the complainant compensation in an amount equal to 18 months of her net base salary.
3. It shall pay her moral damages in the sum of 10,000 Swiss francs, and costs in the sum of 5,000 francs.
"In Judgment 2170 the Tribunal described the requirement of Staff Rule 12.1.5 that an annual performance report be established prior to the scheduled date of a salary increment as 'a formal one' which had to be complied with. It is important to explain why that was so. A staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organisation must 'conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed'."
Organization rules reference: Staff Rule 12.1.5 of the ITU
ILOAT Judgment(s): 2170
complaint allowed; time limit; due process; good faith; organisation's duties; duty to inform; respect for dignity; patere legem; staff regulations and rules; interpretation; increment; work appraisal; output; performance report; satisfactory service; salary; unsatisfactory service; criteria; increase
"The fundamental considerations which lead to the conclusion that an organisation must comply with the rules which it has established also dictate the conclusion that it cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance." That is true for salary increments as well as for decisions not to convert or renew a contract.
complaint allowed; decision; grounds; due process; patere legem; increment; work appraisal; contract; fixed-term; permanent appointment; salary; non-renewal of contract; unsatisfactory service; increase
[T]he Secretary-Generalís decision [...] and the earlier decisions [...] which were thereby confirmed must be set aside. Given that the complainantís post has now been abolished, it does not appear that her reinstatement is feasible. She is, however, entitled to compensation which should be assessed by reference to the decision not to convert her contract to a permanent one. Accordingly, compensation should be assessed in a sum equal to 18 months of her net base salary.