Judgment No. 2468
1. The decision of the Director-General of the ILO of 27 October 2003 is set aside.
2. The complainant shall be reinstated within the Office's staff as from 1 February 2004, with all legal consequences.
3. The Organization shall pay the complainant 25,000 Swiss francs in moral damages.
4. It shall also pay him 15,000 francs in costs.
5. All other claims are dismissed.
The complainant asserts that his immediate supervisor subjected him to moral harassment. "Undoubtedly, serious problems arose from the tensions between the complainant and his former colleague, who had become his supervisor, but the former's refusal to recognise the authority of the latter largely accounts for a situation which, however regrettable, did not constitute harassment."
complainant; insubordination; supervisor; working relations; definition
The complainant's appointment was terminated for unsatisfactory services. "The defendant is not wrong to point out that, except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member's services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established. The Tribunal, which pays considerable attention to these issues in the case of complaints concerning dismissal at the end of a probationary period or the non-renewal of fixed-term contracts on the grounds of unsatisfactory performance, must be even more vigilant where an organisation terminates the appointment of a staff member holding a contract without limit of time, which in principle should secure him against any risk of job loss or insecurity. This applies particularly in the present case, since the staff member concerned by the termination for unsatisfactory services received on the whole satisfactory or even excellent appraisals over a period of 15 years."
complaint; grounds; organisation; work appraisal; different appraisals; period; satisfactory service; contract; probationary period; fixed-term; permanent appointment; non-renewal of contract; termination of employment; unsatisfactory service; judicial review; mistake of fact; condition; official
"The procedures used to assess the performance of international civil servants must be both transparent and adversarial."
adversarial proceedings; organisation's duties; work appraisal; official
The complainant's appointment was terminated. "It may be concluded from all the circumstances of the case that, even though the complainant's conduct towards his supervisor was not what might be expected of an international civil servant and would probably have justified preventive action on the part of the Organization, the reasons given to establish that the complainant's abilities and performance were unsatisfactory did not suffice to justify terminating his appointment for unsatisfactory services.
The complainant's [...] claim for retroactive reinstatement, with all legal consequences, within the Organization's staff [is well founded]."
complainant; organisation's duties; qualifications; reinstatement; termination of employment; unsatisfactory service; conduct; insubordination; supervisor; working relations; consequence; right; official