Judgment No. 2584
1. The Tribunal sets aside the decision of 23 February 2005, insofar as it rejects the complainant's claim against the appointment of the selected candidate to post SC-428, as well as the decision of 30 June 2003 announcing that appointment. The Organization must shield the successful candidate from any injury that may result from the setting aside of an appointment he accepted in good faith.
2. UNESCO shall pay the complainant 2,000 euros in moral damages.
3. It shall also pay him 500 euros in costs.
4. All other claims are dismissed.
The Organization contends that the complainant had until 22 September 2003 to submit his notice of appeal. As it was submitted on 2 October, UNESCO considers that it was filed outside the time limit set down in the Statutes of the Appeals Board. The Tribunal notes that a memorandum of 5 September 2003 informed the complainant that the administration would contact him with a view to reaching an amicable settlement. "If an organisation invites settlement discussions or, even, participates in discussions of that kind, its duty of good faith requires that, unless it expressly states otherwise, it is bound to treat those discussions as extending the time for the taking of any further step. That is because settlement discussions must proceed on the basis that no further step will be necessary. Where, as here, there has been no actual decision but the Organization has invited settlement discussions, the duty of good faith requires it to treat the time for taking a further step as running from the termination of those discussions and not from some earlier date identifiable as the date of an implied negative decision. That is because the invitation necessarily implies that, no matter what the Staff Regulations or Staff Rules provide, no final decision has been or will be taken during the course of discussions."
procedure before the tribunal; decision; absence of final decision; implied decision; internal appeals body; internal appeal; settlement out of court; time limit; exception; new time limit; start of time limit; good faith; organisation's duties; written rule; staff regulations and rules; breach; provision; extension of contract; participation; collective bargaining; consequence; date; proposal; purpose