Judgment No. 1706
1. UNIDO shall pay the complainant damages in the amounts of 45,000 United States dollars for material injury and 25,000 dollars for moral injury.
2. It shall pay her 1,000 dollars in costs.
3. All her other claims are dismissed.
"UNIDO's professed policy of increasing the number of women staff at all levels required at least that, other things being equal, it should give preference to applications from women; indeed encouraging women to apply was consistent only with their right to such preference."
sex discrimination; competition; candidate; priority; right
The complainant, placed on special leave without pay following an 'agreed termination' was a candidate in an internal competition. The Organization maintains that she was no longer a staff member at the moment of recruitment. "The Tribunal [...] holds that the 'agreed termination' did not in any way restrict her rights under the Staff Rules, while she remained a staff member, to preference over an outside male candidate in any future competition where qualifications were equal."
sex discrimination; staff regulations and rules; appointment; competition; candidate; internal candidate; priority; agreed termination; special leave; unpaid leave; right
"As for the special panel set up to deal with allegations of discrimination, neither the Joint Appeals Board nor UNIDO cites any provision of the Staff Rules which compels recourse to that panel. The complainant's failure to put her grievance to it does not make her complaint irreceivable. Where a matter is otherwise within its jurisdiction the Tribunal can and will entertain related allegations of discrimination."
receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted; tribunal; competence of tribunal; sex discrimination; staff regulations and rules; priority; staff member's duties; right