Judgment No. 393

• Organization: Pan American Health Organization (PAHO)
• Date: 24.04.1980
• Original: French
• Judges: Devlin, Grisel, Armbruster
• Full judgment text - Full judgment text (french)

Decision

1. The complaint is dismissed in so far as it impugns the Director-General's decision of 22 May 1978, as clarified by his decision of 26 June 1978.
2. The Organization shall pay the complainant damages amounting to 2,000 United States dollars.
3. The complainant is awarded the sum of 750 dollars towards costs.

Consideration 1

Extract:

The complainant requests the cancellation of procedures by which a candidate for the material post was selected and appointed. "The organization has acknowledged - and rightly so - that the procedures were irregular. Thus, insofar as the complainant wishes to have them cancelled, her complaint no longer has any foundation. She has now to co-operate fully with the organization in the review of the [...] classification of her post."

Keywords

cause of action; no cause of action; settlement out of court; appointment; competition; flaw; procedural flaw

Consideration 2

Extract:

"It appears from the documents in the dossier that by being improperly rejected in the selection proceedings [for a competition] the complainant suffered, on that account and because of the hostility of [a superior], moral prejudice serious and specific enough to entitle her to damages."

Keywords

injury; moral injury; competition; supervisor; flaw; bias