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Judgment No. 3239

Decision

1. The decisions of the Director of the CDE of 31 March 2010 and 2 December 2009 and the complainantís assessment reports for 2007 and 2008 are set aside.
2. The CDE shall pay the complainant material damages calculated in the manner stated in consideration 20 of the judgment.
3. The Centre shall pay the complainant compensation for moral injury in the amount of 10,000 euros.
4. It shall also pay her 5,000 euros in costs.
5. The complainantís remaining claims are dismissed, as is the Centreís counterclaim.

Summary

The Tribunal quashed the decision to terminate the complainantís contract because it was taken on the basis of flawed performance evaluation reports.

Consideration 10

Extract:

Placing a document in a staff member's file is not the same as its notification in due and proper form.

Keywords

complaint allowed in part; personal file; duty to inform

Consideration 18

Extract:

As the Tribunal has consistently held, an international organisation cannot base an adverse decision on a staff memberís unsatisfactory performance if it has not complied with the rules established to evaluate that performance (see, for example, Judgments 2414, under 24, 2991, under 13, or 3148, under 25).

Reference(s)

ILOAT Judgment(s): 2414, 2991, 3148

Keywords

organisation's duties; unsatisfactory service



 
Last updated: 23.08.2017 ^ top