Judgment No. 4102
1. The ILO shall pay the complainant moral damages in the amount of 16,000 Swiss francs, in addition to the 20,000 francs already paid to her.
2. The ILO shall pay the complainant costs in the amount of 1,000 Swiss francs.
3. All other claims are dismissed.
The complainant contests the ILOís failure to take a final decision on her job grading appeal and the failure to grant her a contract without limit of time.
complaint allowed; post classification; grade; duration of appointment; titularization
[T]he Tribunal cannot order the Organization to reclassify the complainantís post since this is a discretionary decision to be made by the Organization.
competence of tribunal; post classification; discretion
The requirement to exhaust internal means of redress has had the effect of paralyzing the exercise of the complainantís right to have her job grading appeal reviewed and, as an exception to the requirement of Article VII, paragraph 1, of the Statute, the complainant had the possibility to file a complaint with the Tribunal (see Judgment 3558, under 9).
ILOAT Judgment(s): 3558
direct appeal to tribunal
In awarding moral damages, the Tribunal takes into consideration that the Administration, in its letter of 6 March 2017, recognized its egregious administrative oversights and therefore decided to pay the complainant immediately 20,000 Swiss francs, and that the Director-General offered his sincere apologies.
Taking into account that the complainant requested in 2009 that her job be graded at the G.4 level, that on 10 May 2017 a final decision had not yet been taken, that there was a failure to exercise a duty of care on the part of the Administration, which has failed to act for a long time, and that the issue was of great importance for the complainant, the Tribunal decides to award her 16,000 Swiss francs in moral damages in addition to the 20,000 Swiss francs already paid by the Organization.
moral injury; duty of care; delay in internal procedure