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Judgment No. 2796

Decision

1. The Secretary General's decision of 7 January 2008 is set aside, as are the earlier decisions of 6 June 2006, 14 September 2006 and 17 October 2006.
2. The Federation shall pay the complainant the net salary and other allowances he would have received had his contract continued until 11 March 2007 less any amount earned by him from other employment during that period, together with interest at the rate of 8 per cent per annum on the resulting sum from 11 March 2007 until the date of payment.
3. It shall pay the complainant moral damages in the amount of 15,000 Swiss francs.
4. The complaint is otherwise dismissed.

Consideration 7

Extract:

The complainant asks that the defendant provide him with a positive work reference and that information concerning the issues raised in his complaint be given to some delegates.
"None of these matters was the subject of his internal appeals. Accordingly, those claims are irreceivable (see Judgments 899, 1263, 1443 and 2213). Further and save in exceptional cases where an international organisation has a continuing duty to undo damage caused by its own communications to a third party, as in Judgment 2720, the Tribunal is not competent to issue orders of the kind sought (see Judgments 126, 1591 and 2058)."

Reference(s)

ILOAT Judgment(s): 126, 899, 1263, 1443, 1591, 2058, 2213, 2720

Keywords

claim; new claim; injury; receivability of the complaint; internal appeal; internal remedies exhausted; competence of tribunal; exception; communication to third party; organisation's duties; compensation



 
Last updated: 17.08.2020 ^ top