Judgment No. 3299
1. The impugned decision is set aside.
2. The warning letter, dated 13 April 2010, which the Head of the Support Unit issued to the complainant is to be removed from the complainantís personnel file.
3. IOM shall pay the complainant a total amount of 40,000 Swiss francs in moral and material damages.
4. IOM shall pay 2,000 Swiss francs as costs to the complainant.
5. All other claims are dismissed.
The complainant successfully impugns a decision to keep in her personal file a warning letter and the non-renewal of her contract.
complaint allowed; performance report; non-renewal of contract; harassment
The JARB recommended that the Organization should renew the complainantís contract in another suitable position. The Tribunal is cognisant of the fact that the complainant was on a short-term contract. The Tribunal is also cognisant of the practical difficulties that would arise given the effluxion of time since the non-renewal of the complainantís contract. In these circumstances, reinstatement is not a viable option.
reinstatement; non-renewal of contract