Judgment No. 2207
1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT DAMAGES EQUIVALENT TO THE SALARY, ALLOWANCES AND OTHER BENEFITS TO WHICH HE WOULD HAVE BEEN ENTITLED UNTIL THE END OF MAY 2003.
3. IT SHALL PAY HIM 5,000 SWISS FRANCS IN COSTS.
4. ALL OTHER CLAIMS ARE DISMISSED.
The affair the complainant had with a national of the country of the duty station led to a series of incidents. "In view of the particular circumstances of the case, it is perfectly legitimate to conclude that it was in the organization's interest to terminate the complainant's assignment in Nairobi in order to maintain an untroubled working atmosphere in the service and to preserve its good relations with the host country. However, in accordance with the Tribunal's case law (see, in particular, Judgments 269 and 1231), the defendant could not terminate the complainant's appointment solely on that basis, without having taken appropriate steps to find him a new assignment."
Jugement(s) TAOIT: 269, 1231
case law; member state; organisation's duties; duty station; transfer; reassignment; termination of employment; conduct; organisation's reputation; working relations; organisation's interest