Judgment No. 3208
1. The decision of the Secretary General of 25 November 2010 rejecting the recommendation of the Joint Appeals Commission to reinstate the complainant is set aside.
2. The matter is remitted to the Federation for the Secretary General to make a new decision having regard to the Tribunal's findings.
3. The Federation shall pay the complainant 8,000 United States dollars in moral damages.
4. It shall also pay him costs in the amount of 4,000 dollars.
The complainant challenges the termination of his contract following the abolition of his post.
"As the Tribunal has noted, the right to an internal appeal is a safeguard enjoyed by international civil servants (see Judgment 2781). If the ultimate decision-maker rejects the conclusions and recommendations of the internal appeal body, the decision-maker is obliged to provide adequate reasons (see Judgments 2278, 2355, 2699, 2807 and 3042). The value of the safeguard is significantly eroded if the ultimate decision-making authority can reject conclusions and recommendations of the internal appeal body without explaining why. If adequate reasons are not required, then room emerges for arbitrary, unprincipled or even irrational decision-making."
ILOAT Judgment(s): 2278, 2355, 2699, 2781, 2807, 3042
decision; duty to substantiate decision; grounds; internal appeals body; recommendation; case law; organisation's duties; executive head; bias; purpose; refusal; safeguard; impugned decision
complaint allowed; decision quashed; case sent back to organisation; abolition of post; termination of employment; motivation