Judgment No. 3110
1. The decision of the Director-General of 15 January 2010 to the extent indicated under 9 is set aside.
2. The Director-General shall cancel the extensions to the complainant's contract covering the period from 15 February 2007 to 31 August 2008 and replace them with a fixed-term contract for the same period.
3. The ILO shall pay the complainant material and moral damages in the amount of 30,000 Swiss francs with respect to the failure to offer her a fixed-term contract for the period from 15 February 2007 to 31 August 2008, and moral damages in the amount of 500 francs for the irregularity in the unsuccessful competition for the post of IRIS Service Center Assistant.
4. The ILO shall pay the complainant's costs in the amount of 1,500 francs.
5. All other claims are dismissed.
complaint allowed; decision quashed; contract; short-term; redefinition of contract
Although the complaints raise different legal and factual issues, the complainant's grievances with respect to her employment status and the transfer of another official to the post for which she had applied were considered together by the Joint Advisory Appeals Board which issued a single report in respect of both matters. Thereafter, the Director-General issued a single decision covering both issues. In these circumstances, it is convenient that the complaints be joined.
[A]s pointed out in Judgment 3032 in relation to the same provisions on which the complainant relies, “when an international organisation wants to fill a post by competition, it must comply with the material rules and the general precepts of the case law”.
Jugement(s) TAOIT: 3032
organisation's duties; appointment; competition; selection procedure