Judgment No. 3223
1. The ITU shall pay the complainant compensation in the amount of 1,000 euros for moral injury.
2. It shall also pay him 1,000 euros in costs.
3. All other claims are dismissed.
The complainant impugns a decision on which the Tribunal already ruled in Judgment 2881 and which is res judicata.
"[T]he Tribunal considers that, by virtue of the adversarial principle, an employer organisation may not raise an objection to an internal appeal filed by a staff member unless that person is able to express his or her views on the merits of the objection. As the [organisation] points out, Staff Rule 11.1.1, paragraph 4, makes no provision for a staff member to file a rejoinder with the Appeal Board; however, nor does it rule out this possibility, and it does not therefore preclude the submission of a rejoinder by the person concerned in accordance with the requirements of the adversarial principle. [...]
The internal appeal proceedings were [thus] tainted with a flaw which, contrary to the [organisation]’s submissions, cannot be redressed in proceedings before the Tribunal. In the particular circumstances of the case, the Tribunal will not, however, set aside the impugned decision, but it will grant the complainant compensation in the amount of 1,000 euros for the moral injury caused by this flaw."
Organization rules reference: Paragraph 4 of ITU Staff Rule 11.1.1
procedure before the tribunal; moral injury; internal appeals body; internal appeal; res judicata; iloat; rejoinder; reply; general principle; adversarial proceedings; right to reply; organisation's duties; staff regulations and rules; breach; no provision; allowance; discretion; procedural flaw; compensation; refusal; request by a party; right
complaint allowed; res judicata; procedural flaw