Judgment No. 3216
1. The Director-General's decision of 16 March 2010 is set aside.
2. The Organization shall pay the complainant moral damages in the amount of 5,000 Swiss francs.
3. It shall also pay her costs in the amount of 1,000 francs.
4. All other claims are dismissed.
The complainant contests her performance appraisal for its content and on the basis of what she considers to be procedural flaws.
"A fundamental principle of the adversarial process is the right to know and have an opportunity to respond to the evidence adduced by the opposing party (see Judgments 1815, under 5, and 2700, under 6). Upon receipt of the report, the Board, which ultimately relied upon it, was obliged to advise the complainant of the receipt of new evidence and give her an opportunity to respond before taking it into consideration."
Jugement(s) TAOIT: 1815, 2700
advisory body; confidential evidence; disclosure of evidence; case law; general principle; adversarial proceedings; organisation's duties; duty to inform; staff member's interest; right to be heard
complaint allowed; decision quashed; procedural flaw; performance evaluation; investigation report