Judgment No. 2965
1. The impugned decision is set aside insofar as it concerns the refusal to renew the complainant's contract.
2. The case is referred back to UNIDO so that it may proceed as indicated under consideration 17.
3. UNIDO shall pay the complainant 3,000 euros for moral injury.
4. It shall also pay him costs in the amount of 2,000 euros.
5. All other claims are dismissed.
The Organization requests the joinder of the two complaints filed by the complainant.
"The Tribunal finds that, although they are contained in a single decision, the measures challenged by the complainant are different in nature. The request for joinder will therefore not be granted."
joinder; refusal; request by a party
"[I]t is well established by the Tribunal's case law that a complainant may not, in his or her rejoinder, enter new claims not contained in his or her initial complaint (see, for example, Judgments 960, under 8, or 1768, under 5)."
ILOAT Judgment(s): 960, 1768
new claim; receivability of the complaint; rejoinder
[T]he complainant challenges the receivability of the Organization’s reply [...]. He contends that [...] there is no indication that the Director-General had delegated his authority to its signatory and that the page bearing the signature is “dubious and illegal” because it has been numbered by hand. [...]
[...] With regard to the signing of the reply, the Tribunal draws attention to the fact that, under Article 5, paragraph 4, of its Rules, a defendant organisation is not obliged to provide a power of attorney when it is represented by a serving or former official.
reply; power of attorney