Judgment No. 3124
1. The impugned decision is set aside.
2. The complainant shall be restored to the administrative status which she held prior to the termination of her appointment, as stated under 7.
3. The ITU shall pay her an indemnity of 5,000 euros for moral injury.
4. It shall also pay her 3,000 euros in costs.
5. All other claims are dismissed.
complaint allowed; decision quashed; termination of employment; health reasons; right to be heard
Considerations 3 and 5
According to the Tribunal's case law, an organisation cannot unilaterally alter the status of a staff member before giving him or her an opportunity to express a view on the action that it intends to take (see in particular Judgments 1484, under 8, and 1817, under 7 ).
The Tribunal considers that, although the defendant's assertions may be correct, the fact remains that there is nothing in the file to show that the requirement in the above-mentionned case law has been met. Indeed, there is no evidence that the complainant was expressly informed by the ITU that her appointment was to be terminated for health reasons and that she was thus given the opportunity to state her views on that termination in advance.
Jugement(s) TAOIT: 1484, 1817
duty to inform; duty of care; right to be heard
The complainant must be restored to the administrative status which she held at the time her appointment was terminated, with all the legal consequences that this entails.
The complainant's claim that the ITU should be ordered to reimburse her any national tax which might be levied on the sums awarded to her must be dismissed for want of a present cause of action in this regard.