Judgment No. 3127
1. The decision of 2 December 2009 is set aside.
2. The case is remitted to the CDE, as stated under 14.
3. The Centre shall pay the complainant 2,000 euros for moral injury.
4. It shall also pay her 2,000 euros in costs.
5. The complainantís other claims are dismissed, as is the CDE's counterclaim.
"[W]here an internal appeal is lodged within the required time limit but fails to comply with the formal requirements set down in the applicable rules, it is for the organisation, in the exercise of its duty of care, to enable the complainant to correct the appeal by granting him or her a reasonable period of time in which to do so."
internal appeal; time limit; correction of complaint; reasonable time; organisation's duties; written rule; breach; duty of discretion; formal flaw; duty of care
"[T]he right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority. Thus, except in cases where the staff member concerned forgoes the lodging of an internal appeal, an official should not in principle be denied the possibility of having the decision which he or she challenges effectively reviewed by the competent appeal body (see, for example, on that point Judgments 2781, under 15, and 3068, under 20)."
ILOAT Judgment(s): 2781, 3068
internal appeal; right of appeal; exception; safeguard
complaint allowed; decision quashed; case sent back to organisation; abolition of post; reorganisation
[T]he complainant contends that according to the Tribunalís case law an internal complaint is simply an appeal seeking the quashing or amendment of a decision (see Judgment 500, under 3). She also contends that, although the formal rules have to be strictly observed, they must not set traps for staff members defending their rights, or be construed too pedantically, and if staff members break such a rule, the penalty must fit the purpose of the rule (see Judgment 2882, under 6).
ILOAT Judgment(s): 500, 2882