Judgment No. 942

• Organization: United Nations Educational, Scientific and Cultural Organization (UNESCO)
• Date: 08.12.1988
• Original: French
• Judges: Ducoux, Gros Espiell, Pescatore
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 1 OCTOBER 1986 IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE SUM OF 10,000 FRENCH FRANCS IN DAMAGES IN ACCORDANCE WITH ARTICLE VIII OF THE STATUTE OF THE TRIBUNAL.
3. IT SHALL PAY HER 10,000 FRENCH FRANCS IN COSTS.

Consideration 4

Extract:

"It is plain from the evidence now before the Tribunal that the transfer was flawed: first, no objective and impartial inquiry, such as the complainant had been asking for all along, had been carried out beforehand; and, secondly, there was breach of the duty any international organisation owes its staff to treat them with respect for their dignity and good name. The impugned decision must therefore be set aside."

Reference(s)

ILOAT reference: ARTICLE VIII OF THE STATUTE

Keywords

moral injury; professional injury; inquiry; organisation's duties; respect for dignity; transfer; working relations; flaw; investigation

Consideration 6

Extract:

"Because of the complexity and length of the proceedings and the protracted correspondence that had to be conducted with the organization, the Tribunal awards 10,000 French francs in costs."

Reference(s)

ILOAT reference: ARTICLE VIII OF THE STATUTE

Keywords

procedure before the tribunal; administrative delay; costs; amount