Judgment No. 311
Decision
1. The Director-General's decision of 8 March 1976 is quashed.
2. The ILO shall pay the complainant the sum of 10,000 Swiss francs as damages.
Considerations
Extract:
"The circumstances in which the complainant was transferred are such as to warrant payment of damages for the moral prejudice he suffered. Damages will be fairly set at 10,000 Swiss francs."
Keywords
moral injury; amount; transfer
Considerations
Extract:
The transfer decision was a preventive measure because a close dependence of one staff member on another was inadmissible between officials responsible for applying financial control "[T]he decision to transfer [the complainant] was made upon a hypothesis which never in fact matured [...] all the complainant did was, quite correctly, to ask the opinion of his superiors" upon what was a proposal [to open a joint bank account with a colleague] and to drop the matter when they expressed disapproval. "Hence it appears that that decision drew clearly mistaken conclusions from the facts and should therefore be quashed."
Keywords
grounds; transfer; flaw; mistaken conclusion
| 
