Judgment No. 3610
1. The impugned decision of 13 December 2012 as well as the separation agreement of 29 March 2012 are set aside, as explained under 10.
2. The Global Fund shall pay the complainant the equivalent to three monthsí gross salary in material damages.
3. It shall pay her moral damages in the amount of 50,000 Swiss francs.
4. It shall also pay her costs in the amount of 1,000 Swiss francs.
5. The complainantís other claims are dismissed, as is the Global Fundís counterclaim.
The complainant, a former employee of the Global Fund, challenges her separation agreement, alleging irregularities and abuse of authority.
complaint allowed; decision quashed; termination of employment; flaw; misuse of authority; abuse of power
The Global Fund objects that as the complainant could challenge the decision to place her on a PIP, it cannot be considered that she signed the separation agreement under duress. The objection is not convincing. Every unlawful action vitiating consent, by its very nature, can be challenged, but even if it is not challenged this does not exclude the possibility that the consent may be vitiated. It must be noted that the lawfulness of the decision to offer the PIP was not considered to be settled but was a fundamental element of the process which led to the separation agreement. The complainantís consent was vitiated by the fact that if she did not sign the separation agreement, she would have had to go through the PIP for which she was not eligible. Therefore, the Tribunal considers that the Global Fund imposed undue pressure which persuaded the complainant to consent to the separation agreement.