Judgment No. 3751

• Organization: World Health Organization (WHO)
• Date: 08.02.2017
• Original: English
• Judges: Rouiller, Barbagallo, Moore
• Full judgment text - Full judgment text (french)

Decision

1. WHO shall pay the complainant 10,000 Swiss francs by way of moral damages.
2. WHO shall pay the complainant 700 Swiss francs in costs.
3. All other claims are dismissed.

Summary

The complainant, a former WHO staff member, challenges the decisions to abolish her post and to terminate her fixed-term appointment.

Judgment keywords

Keywords

complaint allowed; abolition of post

Consideration 8

Extract:

[T]he complainant bears the onus of demonstrating personal prejudice (see Judgment 1775, consideration 7).

Reference(s)

ILOAT Judgment(s): 1775

Keywords

personal prejudice

Consideration 10

Extract:

[I]t was not for the complainant to have to discern from all surrounding circumstances known to her the reason why her post had been abolished and the reason why she had not been matched to a new position. It was incumbent on WHO to provide those reasons both as a matter of fairness and also to safeguard the complainant’s right to contest the decision (see Judgment 3041, consideration 8). WHO’s failure to provide those reasons entitles the complainant to moral damages.

Reference(s)

ILOAT Judgment(s): 3041

Keywords

moral injury; burden of proof; duty to inform