Judgment No. 3417
Decision
1. IOM shall pay the complainant 20,000 Swiss francs as moral damages.
2. IOM shall pay the complainant 5,000 Swiss francs in costs.
3. All other claims are dismissed.
Summary
The Tribunal found that IOM's failure to ensure compliance with its performance evaluation procedures warranted an award of moral damages to the complainant.
Judgment keywords
Keywords
complaint allowed; fixed-term; non-renewal of contract
Consideration 6
Extract:
"[W]hile there is an undoubted right of an organisation to decide not to renew a fixed-term contract, it does not follow that an organisation is, additionally, immune from any liability if it has failed to follow its own procedures designed to monitor, assess and evaluate staff performance and progress. The fundamental purpose of such procedures is to explicitly alert a staff member to identified deficiencies in her or his performance and thus give the staff member an opportunity to address those deficiencies and improve performance. The interaction of such procedures and decisions not to renew fixed-term contracts was discussed by the Tribunal in Judgment 2991, under 13 [...]."
Reference(s)
ILOAT Judgment(s): 2991
Keywords
work appraisal; performance report; fixed-term; non-renewal of contract
Consideration 9
Extract:
"An order of reinstatement would be inappropriate. According to the Tribunal’s jurisprudence, the reinstatement of a person on a fixed-term contract would be ordered only in exceptional cases (see Judgments 3353, under 35, 3299, under 28, and 1351, under 13)."
Reference(s)
ILOAT Judgment(s): 1351, 3299, 3353
Keywords
reinstatement
Consideration 10
Extract:
"[T]he complainant is entitled to moral damages for [...] the IOM’s failure to ensure compliance with its performance evaluation procedures."
Keywords
moral injury
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