Judgment No. 1082
1. THE SECRETARY-GENERAL'S DECISION TO DISMISS THE COMPLAINANT IS SET ASIDE BUT SHE IS NOT REINSTATED.
2. THE CIPEC SHALL PAY THE COMPLAINANT THE EQUIVALENT OF EIGHT MONTHS' PAY, TO BE RECKONED IN THE SAME WAY AS THE AMOUNT OF SEVERANCE PAY SHE HAS ALREADY RECEIVED.
3. IT SHALL PAY HER 20,000 FRENCH FRANCS IN COSTS.
"It is in bad faith to enter a new objection [to receivability] in the surrejoinder when the complainant may not reply."
new plea; surrejoinder; good faith
As stated in Judgment 873 (in re Da) the CIPEC Staff Regulations do not provide for internal appeal. But that does not preclude the organisation's entertaining such an appeal ex gratia."The complainant addressed an appeal to the decision- making authority" before the expiry of ninety days from the date of the original decision and the Secretary-General's answer was to uphold that decision. So it is fair to take the ninety days as running from the date of confirmation and treat the complaint as filed in time."
Jugement(s) TAOIT: 873
complaint; receivability of the complaint; internal appeal; time limit; start of time limit; no provision
"By virtue of their contractual relationship and the trust that therefore prevails between them, an organisation owes its employee a duty to declare its intention of dismissing him and to let him plead his case. The principle is asserted in Judgment 907 [...] under 4. Although the complainant presumably knew of the CIPEC's plight and the need for reform she was never told of the intention of dismissing her."
Jugement(s) TAOIT: 907
right to reply; organisation's duties; duty to inform; abolition of post; budgetary reasons; termination of employment; flaw
The decision to dismiss [the complainant] is quashed. As reinstatement appears out of the question, an award of damages will be made under Article VIII of the Tribunal's Statute in the amount of eight months' pay over and above the four months' severance pay already paid.
ILOAT reference: ARTICLE VIII OF THE STATUTE
amount; decision quashed; termination of employment; material damages