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Judgment No. 2779

Decision

1. The ITU shall pay the complainant moral damages in the amount of 25,000 Swiss francs.
2. It shall also pay him costs in the amount of 750 francs.
3. All other claims are dismissed.

Consideration 7

Extract:

"As the Tribunal has found, even though he was not competent to make the representation, Mr [...] made a promise to the complainant that his appointment would be extended beyond statutory retirement age. Mr R. also fostered the complainant's false belief that the promise would be honoured. Despite the complainant's numerous requests over a period of approximately 18 months clearly explaining his belief that a promise had been made, the Secretary-General chose to ignore the opportunities to correct the complainant's misapprehensions and permitted him to act on his mistaken belief. Lastly, the Secretary-General failed to make a decision on the complainant's request for an extension in a timely fashion. This conduct constitutes a breach of the duty to respect the complainant's dignity. At the very least, the Secretary-General should have notified the complainant that the Union did not accept the obligation when the matter was first brought to his attention. This conduct has caused the complainant moral injury for which he must be compensated in the form of moral damages."

Keywords

injury; moral injury; good faith; organisation's duties; respect for dignity; staff member's interest; duration of appointment; promise; retirement; decision-maker; compensation; extension beyond retirement age



 
Dernière mise à jour: 17.08.2020 ^ haut