Judgment No. 4305
1. WHO shall pay the complainant 60,000 Swiss francs by way of material damages.
2. WHO shall pay the complainant 10,000 Swiss francs in moral damages.
3. WHO shall pay the complainant 8,000 Swiss francs in costs.
4. All other claims are dismissed.
The complainant challenges the decision to terminate his appointment due to the abolition of his post and the failure to reassign him to another suitable vacant position.
complaint allowed; abolition of post; reassignment
The complainant requests an oral hearing. However, the Tribunal considers that it is sufficiently well informed about the case by the evidence in the file and does not therefore deem it necessary to hold such a hearing.
WHO challenges the receivability of the complainant’s allegations concerning some of his applications made both during and after the expiry of the reassignment period, on the ground that the selection processes for those positions are not relevant to the impugned decision. However, the complainant is able to challenge his non-appointment as part of a challenge to the termination of his employment arising from his non-redeployment (see Judgment 4036, consideration 10).
ILOAT Judgment(s): 4036
new claim; receivability of the complaint; reassignment; selection procedure
There was a flaw in the reassignment process and the complainant lost a valuable opportunity to secure another position within UNAIDS and thus lost the opportunity of maintaining continuing employment (see, for example, Judgement 3754, consideration 21). It is inappropriate, in the circumstances, to make an order reinstating the complainant. The complainant seeks, by way of monetary relief, lost salary and moral damages. He is entitled to material damages for the lost opportunity [...].
ILOAT Judgment(s): 3754
material injury; loss of opportunity