Judgment No. 3773
Decision
1. The ILO shall pay the complainant moral damages in the amount of 3,000 Swiss francs.
2. It shall also pay her 500 Swiss francs in costs.
3. All other claims are dismissed.
Summary
The complainant disputes the calculation of the number of years of service taken into consideration to determine the date on which she became eligible for personal promotion.
Judgment keywords
Keywords
complaint allowed; promotion
Consideration 5
Extract:
[I]t is well settled in the Tribunal’s case law that international organisations must respond to requests from their staff members within a reasonable period of time (see Judgment 3188, under 5). In the instant case, in March 2011 the complainant asked the ILO when she would become eligible for a personal promotion. It was not until 5 December 2012, in other words more than one and a half years later, that the ILO gave her an initial reply. The Tribunal considers that this delay is abnormal and constitutes a breach of the Organization’s duty of diligence towards a member of its staff. This breach is all the more glaring for the fact that the Organization’s reply was merely provisional, since the issue of how to calculate years of service under daily contracts had been referred to a joint panel. This situation caused the complainant moral injury [...].
Reference(s)
ILOAT Judgment(s): 3188
Keywords
moral injury; delay in internal procedure
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