Judgment No. 3071
1. The second, third and fourth complaints are dismissed.
2. The Director-General's decision of 3 July 2009 is set aside.
3. The ILO shall pay the complainant the full salary, allowances and other benefits, including pension and health insurance contributions, that she would have received if her contract had been extended from 1 January to 31 December 2008. The complainant must give credit for amounts actually earned by her in that period. The ILO shall pay interest on the resulting balance at the rate of 5 per cent per annum from 1 November 2008 until the date of payment.
4. The ILO shall also pay the complainant the amount of 50,000 Swiss francs by way of moral damages.
5. It shall pay her costs in the sum of 8,000 francs.
6. All other claims are dismissed.
"When a provision [...] provides for the different treatment of different classes of persons, the question whether the provision is discriminatory depends on two issues. The first is whether the specified differences in respect of which different treatment is allowed are differences that justify different treatment; if so, the second issue is whether the different treatment is appropriate and adapted to those differences (see Judgment 2915, under 7)."
Jugement(s) TAOIT: 2915
equal treatment; definition; difference
"A practice that is inconsistent with staff regulations cannot obtain legal force (see Judgment 1390, under 27)."
Jugement(s) TAOIT: 1390
practice; staff regulations and rules; effect
"It is well established that an international organisation has a duty to its staff members to investigate claims of harassment. That duty extends to both the staff member alleging harassment and the person against whom a complaint is made (see Judgment 2642, under 8). [...] Further, the duty is a duty to investigate claims of harassment "promptly and thoroughly" (see Judgment 2642, under 8)."
Jugement(s) TAOIT: 2642
claim; inquiry; organisation's duties; harassment; investigation
"Contemporaneous notes [...] always have evidentiary value, the more so if they are not controverted by other evidence. [E]-mail communications which are evidence of their contents and [...] assume particular evidentiary weight if their contents are not challenged."
evidence; admissibility of evidence
"An international organisation has a responsibility to treat its officials with dignity. If criticism is warranted [...] that should be done either by means of the performance appraisal reports or in a manner that ensures respect for the staff member's dignity."
organisation's duties; respect for dignity; performance report; duty of care
complaint allowed; decision quashed; non-renewal of contract; harassment; complaint dismissed