Judgment No. 3067
1. The decision of the Director of the CTA of 8 February 2010 rejecting the complainant's request for the appointment of a conciliator is set aside.
2. The case is referred back to the CTA in order that a conciliation procedure may be held as indicated under 25.
3. The Centre shall pay the complainant 2,000 euros as compensation for the injury caused by the delay in finally settling the case.
4. It shall also pay him costs in the amount of 1,000 euros.
5. The complainant's other claims are dismissed, as is the Centre's counterclaim.
"[T]he right to an internal appeal is a safeguard which international civil servants enjoy in addition to their right of appeal to a judicial authority. Consequently, save in cases where the staff member concerned forgoes the lodging of an internal appeal, an official should not in principle be denied the possibility of having the decision which he or she challenges effectively reviewed by the competent appeal body (see, for example, on this point, Judgment 2781, under 15)."
Jugement(s) TAOIT: 2781
internal appeal; right of appeal; safeguard
"[T]he very purpose of a conciliation procedure, which is to endeavour to resolve a dispute between the parties amicably, implies that the conciliator may have to take account of considerations of fairness or advisability. In this respect, such a procedure is fundamentally different from proceedings before the Tribunal, whose task is plainly not to explore possible settlements between the parties and which essentially gives a ruling in law."
settlement out of court; competence of tribunal; equity; collective bargaining; difference; purpose
complaint allowed; decision quashed; case sent back to organisation; delay in internal procedure; conciliation