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Judgment No. 2698


1. The Organization shall pay the complainant 10,000 United States dollars in compensation for the moral injury suffered.
2. It shall also pay him 2,000 dollars in costs.
3. All other claims are dismissed, subject to what is said in consideration 15.

Consideration 11


"[T]he measure of suspension constitutes [...] an interim measure which in no way prejudges the decision on the merits regarding a possible disciplinary measure, but which is designed to safeguard the interests of the Organization pending the outcome of an investigation to ascertain whether the accusations have any substance or not."


provisional decision; inquiry; suspensive action; disciplinary measure; organisation's interest; definition; purpose; investigation

Considerations 13-14


The complainant was notified of a number of serious charges against him and was informed that he would be suspended from duty with pay until the end of the investigation into the charges. "The Director General did not [...] implement the Appeal Board's recommendation that he should conclude with all due speed the investigation into the allegations of serious misconduct against the complainant and should take a decision within a reasonable time. In fact he did not conduct the investigation with the dispatch required by the Tribunal's case law and by the circumstances of the case, and he thus caused an unjustified delay in the handling of the case. The explanations given by the Organization in its submissions are irrelevant, particularly because they do not indicate that the completion of the investigation was delayed through any fault on the part of the complainant.
By prolonging an essentially temporary measure beyond a reasonable time, without any valid grounds, thereby placing the complainant in a situation of uncertainty as to his further career, the Organization caused him moral injury which must be redressed by awarding him the amount of 10,000 United States dollars."


decision; grounds; injury; moral injury; internal appeals body; recommendation; delay; reasonable time; inquiry; provisional measures; case law; organisation's duties; breach; suspensive action; career; allowance; serious misconduct; executive head; compensation; consequence; investigation

Dernière mise à jour: 04.09.2020 ^ haut