Judgment No. 3129
1. The decision of 26 February 2010 to the extent indicated under 9 and the decision of 8 November 2007 are set aside without prejudice to the successful external candidate.
2. UNIDO shall pay the complainant material damages in the lump sum amount of 35,000 euros.
3. It shall pay her moral damages in the amount of 15,000 euros.
4. It shall also pay her 3,000 euros in costs.
5. All other claims are dismissed.
complaint allowed; decision quashed; selection procedure; loss of opportunity
The [...] decisions contained in the Director-General’s bulletin of 27 February 2006, namely the appointment of the Officer-in-Charge of PSM/HRM as Unit Chief ad interim SSR, and the advertisement, both internally and externally, of the post of Unit Chief P-5 SSR, did not cause the complainant immediate harm as none of them denied her the opportunity of being eventually appointed to the aforementioned post. It was only with the final decision to appoint Mr I. that the complainant lost the opportunity to be appointed to that post and the injury to her became evident.
receivability of the complaint
[T]aking into account the fact that the complainant is now retired, the Tribunal will order an award of material damages in the lump sum amount of 35,000 euros for the loss of a valuable opportunity for the complainant to be appointed P-5 in the wake of an exclusively internal competition and the consequent loss of salary and pension benefits.
moral injury; retirement