Judgment No. 2424
1. The impugned decision is set aside.
2. The case is referred back to the Organisation for it to resume consideration of the complainant's internal complaint.
3. The Agency shall pay the complainant 2,000 euros in compensation for the injury suffered.
4. It shall also pay her 2,000 euros in costs.
5. All other claims are dismissed.
"In accordance with its case law (see Judgment 941 in particular), the Tribunal considers that the defendant may not plead its own failure to act with regard to the complainant, who had good reason to infer that her internal complaint was still under review since she had been informed [...] that the Joint Committee for Disputes had reached an opinion of which she would soon be informed."
Jugement(s) TAOIT: 941
receivability of the complaint; internal appeals body; internal appeal; report; time limit; reasonable time; case law; good faith; organisation's duties
"[T]he Joint Committee [...] refused the complainant's request to reschedule her hearing, yet her request for postponement was justified by the fact that she was declared unfit for work and that the date of the hearing was so close (she was summoned on 4 July in the afternoon for a hearing to be held on 7 July) that it did not leave her time either to prepare her defence properly or to be assisted by a counsel of her own choosing. The Tribunal rejects the reasons given for the refusal to reschedule the hearing, which were that, since the complainant had already been heard by the Joint Committee during the procedure relating to the conversion of appointments, and since the members of the Joint Committee for Disputes considered that the case file provided them with sufficient information, a hearing before the latter Committee was unnecessary. But considering that it was the Joint Committee for Disputes itself which took the initiative of summoning the complainant to a hearing, it could hardly have deemed that hearing to be «unnecessary»."
grounds; internal appeals body; advisory body; internal appeal; time limit; oral proceedings; contract; sick leave; incapacity; counsel; composition of the internal appeals body