Judgment No. 3204
1. The ITU shall pay the complainant 12,000 Swiss francs in moral damages.
2. It shall pay him interest on this amount at the rate of 5 per cent per annum from 7 May 2010 to the date of payment.
3. The Union shall also pay the complainant 1,300 francs in costs.
4. The complaint is otherwise dismissed.
The complainant claims moral damages for the Union’s failure to submit to its Council the matter of the recognition of same-sex marriages.
"It is settled by the Tribunal’s case law that, according to the rules of good faith, anyone who was a staff member of an organisation and to whom a promise was made, may expect that promise to be kept by the organisation. However, the right to fulfilment of the promise is conditional. One condition is that the promise should be substantive. Another is that the promise is from someone who is competent or deemed competent to make it. Yet another is that the breach should cause injury to the person who relies on the promise (see Judgment 782)."
Jugement(s) TAOIT: 782
formal requirements; good faith; organisation's duties; staff member's interest; promise; staff member's duties; condition; definition; duty of care
complaint allowed; promise; same-sex marriage