Judgment No. 2845
1. The impugned decision is set aside.
2. The UPU shall pay the complainant financial compensation as indicated under 10.
3. The complainant's pension rights shall be restored for the period from 1 July to 31 December 2008.
4. The UPU shall pay him 5,000 Swiss francs in moral damages.
5. It shall also pay him 5,000 francs in costs.
According to Article 9.8, paragraph 2, of the UPU Staff Regulations, the Director General may, in the interest of the Union, extend the age limit in exceptional cases. The Tribunal considers that "the Director General's refusal to extend the complainant's service beyond the statutory age limit constitutes an act of retaliation [...]. The Director General used his discretionary authority for purposes other than those for which it was intended, thereby committing an abuse of authority. It follows that the impugned decision must be set aside."
Organization rules reference: Article 9.8, paragraph 2, of the UPU Staff Regulations
exception; staff regulations and rules; amendment to the rules; career; age limit; hidden disciplinary measure; discretion; executive head; organisation's interest; misuse of authority; purpose; refusal; extension beyond retirement age; abuse of power