Judgment No. 2750
Decision
1. The decision of 19 December 2006 is set aside.
2. The IAEA shall pay the complainant compensation by way of an EOSA in a sum equal to one and a half months' net base salary together with interest at the rate of 8 per cent per annum from 31 December 2005 until the date of payment.
3. It shall also pay her compensation in lieu of notice in an amount equal to salary and allowances, including special post allowance, that she would have received if her contract had been extended to 31 March 2006, together with interest at the rate of 8 per cent per annum from 31 December 2005 until the date of payment.
4. The IAEA shall pay the complainant 2,500 euros for her costs.
5. The complaint is otherwise dismissed.
Consideration 27
Extract:
"Although [IAEA] Staff Regulation 4.02 provides that no notice is necessary in the case of expiry at the due date of a fixed-term or short-term appointment, the duty of an organisation to act in good faith and to respect the dignity of staff members requires that reasonable notice be given, 'particularly so that they may exercise their right to appeal and take whatever action may be necessary' (see Judgments 2104 and 2531)."
Reference(s)
Organization rules reference: IAEA Staff Regulation 4.02
Jugement(s) TAOIT: 2104, 2531
Keywords
right of appeal; good faith; organisation's duties; respect for dignity; staff regulations and rules; contract; fixed-term; short-term; separation from service; notice; date; official
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