Judgment No. 3329

• Organization: United Nations Industrial Development Organization (UNIDO)
• Date: 28.04.2014
• Original: French
• Judges: Rouiller, Ba, Frydman
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. UNIDO shall pay the complainant 25,000 euros for all damages incurred.
3. It shall also pay him costs in the amount of 2,000 euros.
4. All other claims are dismissed.

Summary

The complainant impugns the decision not to renew his contract after he refused to be reassigned, and obtains its quashing on the ground that this decision was tantamount to a hidden disciplinary measure.

Considerations 13-14

Extract:

Given the specific circumstances of this case, the Tribunal will not [...] order the complainant’s reinstatement in the Organization. Indeed, reinstatement would be inappropriate, as the complainant himself acknowledges in his written submissions, when he states that it would be “impossible for [him] to be reinstated now that so much time has elapsed”. There is however reason to grant the complainant compensation for the damages ensuing from the unlawful nature of the impugned decision.

Keywords

reinstatement; material damages

Judgment keywords

Keywords

complaint allowed; decision quashed; non-renewal of contract