Judgment No. 3234
- Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
- Date: 04.07.2013
- Original: English
- Judges: Barbagallo, Hansen, Moore
- Full judgment text - Full judgment text (french)
1. The impugned decision of 2 December 2010 as well as the decision of 3 July 2009 are set aside.
2. CTBTO PrepCom shall pay the complainant material damages in the amount of 30,000 United States dollars.
3. It shall pay him moral damages in the amount of 18,000 dollars.
4. It shall also pay him costs in the amount of 1,500 dollars.
5. All other claims are dismissed.
The complainant successfully impugned the decision to abolish his post following a restructuring.
"[T]he Commission has acted inappropriately by refusing to present evidence requested by the Joint Appeals Panel, on the grounds that it did not consider the evidence to be pertinent to the appeal. It was for the Panel to decide, upon examination of the evidence, whether or not they were pertinent. Considering the fact that the evidence could have had an effect on the Panelís findings, and considering the Commissionís refusal to submit to the authority of the Joint Appeals Panel without giving any reasonable explanation for such a refusal, the Tribunal finds that this is a violation of its duty to act in good faith and undermines the proper functioning of the internal appeals process. This will be taken into account in the calculation of the award of damages to the complainant (see Judgment 1319, under 9)."
ILOAT Judgment(s): 1319
procedure; complaint allowed; complaint allowed in part; internal appeals body; advisory body; internal appeal; disclosure of evidence; due process; good faith; organisation's duties; duty to inform; procedural flaw