Judgment No. 4031
1. WHO shall pay the complainant moral damages in the amount of 1,500 United States dollars.
2. WHO shall pay the complainant 150 United States dollars in costs.
3. All other claims are dismissed.
The complainant challenges the step level he was placed in upon implementation of a new local salary scale for General Service staff in New Delhi, India.
complaint allowed; step; salary; scale
The complainant submits that he suffered injury as a consequence of the “inordinate, inexplicable and inexcusable” delay in the internal appeal process. He seeks moral damages on this account. The Tribunal has relevantly stated as follows in Judgment 3160, consideration 17:
“The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations. One is the length of the delay and the other is the effect of the delay. These considerations are interrelated as lengthy delay may have a greater effect. That latter consideration, the effect of the delay, will usually depend on, amongst other things, the subject matter of the appeal. Delay in an internal appeal concerning a matter of limited seriousness in its impact on the appellant would be likely to be less injurious to the appellant than delay in an appeal concerning an issue of fundamental importance and seriousness in its impact on the appellant.”
ILOAT Judgment(s): 3160
moral injury; internal appeal; reasonable time; patere legem; delay in internal procedure