Judgment No. 3907
1. The Registrarís 22 February 2016 decisions are set aside as are his 17 June 2015 decisions.
2. The ICC shall pay to the complainant material damages in the amount of 220,000 euros, less the amount paid to her as a termination indemnity.
3. The ICC shall pay the complainant moral damages in the amount of 40,000 euros.
4. The ICC shall pay the complainant costs in the amount of 8,000 euros.
5. All other claims are dismissed.
The complainant challenges the decisions to abolish her post and terminate her fixed-term appointment.
complaint allowed; decision quashed; fixed-term; abolition of post; termination of employment
Suffice it to say that decisions to abolish a post and terminate an appointment are separate and distinct decisions.
abolition of post; termination of employment
In conclusion, pursuant to the Presidential Directive, the Principles and Procedures should have been promulgated by an Administrative Instruction or, arguably, by a Presidential Directive. As the promulgation of the Principles and Procedures by Information Circular was in violation of the Presidential Directive, they were without legal foundation and are, therefore, unlawful as are the decisions taken pursuant to the Principles and Procedures. It follows that the decisions to abolish the complainantís position and to terminate the complainantís appointment were also unlawful and will be set aside.
patere legem; abolition of post; publication
The complainant sought the disclosure by the ICC of specific documents. It appears from the pleadings that she subsequently obtained documents which may have satisfied, either partially or completely, this request. In any event, given the Tribunalís findings in this case, an order for the production of documents will not be made.
disclosure of evidence
The ICC has made submissions with respect to the confidentiality of evidence that has been submitted by the complainant to the Tribunal. The Tribunal has taken note of these submissions and has referred to the evidence it considers necessary to achieve justice between the parties.
The Tribunal will award the complainant material damages in the amount of 220,000 euros, less the amount paid to her as a termination indemnity. The Tribunal has taken into account all of the circumstances of the case in determining this amount, including the duration of the complainantís contract, the income she would have earned at the ICC, but has also taken into account the income she could have earned in other employment and the possibility that in due course her employment could have been terminated lawfully.