Judgment No. 2963
1. The Secretary-General's decision of 1 December 2008 is set aside, as is his earlier decision of 21 December 2007 to terminate the complainant's contract retrospectively from 8 December 2006.
2. It is declared that the complainant's contract came to an end with its expiry on 31 January 2008. The ITU will amend the complainant's personnel file accordingly, will issue her with a certificate of service showing that she was employed until that date and will notify the Permanent Mission of Switzerland to the United Nations Office and other international organizations in Geneva to the same effect.
3. The ITU shall pay the complainant material and moral damages in the sum of 17,500 Swiss francs and costs in the sum of 5,000 francs.
4. The complaint is otherwise dismissed.
Quashing of a retroactive termination of appointment for reasons of health.
"It is well settled that an international organisation cannot retrospectively alter the rights and obligations of staff members to their detriment, whether by written rule or otherwise (see, for example, Judgments 595, under 5 and 6, 1669, under 17 and 18, and 1979, under 5(h))."
ILOAT Judgment(s): 595, 1669, 1979
non-retroactivity; staff member's interest; written rule; amendment to the rules; staff member's duties; right
"The rule against retrospectivity permits of two exceptions, namely where the decision involves no detriment to the staff member concerned and where the decision replaces an earlier provisional decision (see Judgment 1130, under 2)."
ILOAT Judgment(s): 1130
decision; provisional decision; injury; exception; non-retroactivity; staff member's interest
"[A] decision to terminate a staff member's service retrospectively involves necessarily a detriment in that it negates the possibility of notice allowing for the person concerned to make necessary arrangements during the notice period. This is so whether or not a payment is made in lieu of notice."
decision; injury; non-retroactivity; staff member's interest; notice; payment