Judgment No. 3613
1. The Board’s 15 November 2012 decision is set aside.
2. The Global Fund shall pay the complainant material damages in an amount equivalent to the salary, benefits and other emoluments to which he would have been entitled from 28 February 2013 to the date of his anticipated retirement in June 2016 had he remained in service less the complainant’s net earnings from other sources in that period together with 5 per cent interest from 28 February 2013 to the date of payment.
3. The Global Fund shall pay the complainant moral damages in the amount of 150,000 Swiss francs.
4. The Global Fund shall pay the complainant costs in the amount of 15,000 Swiss francs.
5. Within seven days of the public delivery of this Judgment the Global Fund shall remove the News Release from its website.
6. All other claims are dismissed as is the Global Fund’s counterclaim for costs.
The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fund’s refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fund’s website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.
complaint allowed; decision quashed; breach; termination of employment
It is well established in the Tribunal’s case law that “international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members” (Judgment 2861, under 91; see also Judgments 396, 1875, 2371, 2475 and 2720).
ILOAT Judgment(s): 396, 1875, 2371, 2475, 2720
organisation's duties; respect for dignity; duty of care
It is well settled in the Tribunal’s case law that a staff member whose performance is not considered satisfactory is entitled to be
informed in a timely manner as to the unsatisfactory aspects of her or his performance so that steps may be taken to remedy the deficiencies. The staff member is also entitled to have objectives set in advance so that she or he will know the basis upon which future performance will be based and that their appointment is in jeopardy if there is no improvement. As well, an organization may not terminate a staff member for unsatisfactory performance unless it has complied with its own rules to evaluate that performance. As stated in Judgment 2414, under 23, “[t]hese are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity”.
ILOAT Judgment(s): 2414
work appraisal; performance report; fixed-term; non-renewal of contract; unsatisfactory service