Judgment No. 2904
1. The FAO shall pay the complainant 4,000 euros in damages for the delay in the internal appeal process.
2. It shall also pay him 750 euros in costs.
3. The complaint is otherwise dismissed.
"The first substantive argument raised by the complainant regards the failure by the human resources specialist to consider the revised post description that was submitted to the Human Resources Management Division in 2002. In the Tribunal's view, as the revised post description had not been properly reviewed and accepted by the relevant division in accordance with the applicable rules (specifically Manual paragraph 280.333), the specialist was correct to disregard it while conducting the desk audit, referring instead to the post description on file."
ILOAT Judgment(s): 1874
staff regulations and rules; post classification; grade; post description; post held by the complainant
Considerations 14 and 15
The complainant claims compensation for the overall delay involved in this matter.
"As for the internal appeal process, the Tribunal recalls that the Organization has a duty to maintain a fully functional internal appeals body. Thus, the Committee's statement that 'the alleged delays could not be ascribed to it as they were due to the need for arranging election of new members to the Appeals Committee and the time requirements for this' does not relieve the Organization from responsibility for the delay in the process. According to well-established case law, '[s]ince compliance with internal appeals procedures is a condition precedent to access to the Tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed' (see Judgment 2197, under 33). The first appeal lasted for approximately 16 months, even though it hinged on the simple question of receivability. The entire process to date has stretched over eight years. In the circumstances, the complainant is entitled to be compensated in the amount of 4,000 euros for this delay."
ILOAT Judgment(s): 2197
moral injury; internal appeals body; administrative delay; internal appeal; internal remedies exhausted; delay; reasonable time; organisation's duties