Judgment No. 1017
1. THE FUND SHALL PAY THE COMPLAINANT DAMAGES EQUIVALENT TO THE SALARY AND ALLOWANCES SHE WOULD HAVE EARNED HAD SHE BEEN EMPLOYED UP TO THE DATE OF EXPIRY OF HER FIXED-TERM APPOINTMENT.
2. IT SHALL PAY HER 10,000 UNITED STATES DOLLARS IN MORAL DAMAGES.
3. IT SHALL PAY HER $500 IN COSTS.
4. HER OTHER CLAIMS ARE DISMISSED.
Paragraph 3(v) of an IFAD Administrative Instruction on probation under fixed-term appointments reads: "Where it is deemed by the head of department that the staff member's performance is less than satisfactory, he/she will be immediately informed by the head of department that a decision from the President will be sought to terminate his/her services by letting the period of probation lapse." The President's decision to terminate the complainant's appointment at the end of the extended period of probation was flawed by non-compliance with this requirement. because the decision was in breach of the procedural rule, the Tribunal will set it aside and award the complainant substantial compensation for the improper termination of her contract and for moral damages.
moral injury; duty to inform; probationary period; termination of employment; unsatisfactory service; flaw; procedural flaw