Judgment No. 3239
1. The decisions of the Director of the CDE of 31 March 2010 and 2 December 2009 and the complainant’s assessment reports for 2007 and 2008 are set aside.
2. The CDE shall pay the complainant material damages calculated in the manner stated in consideration 20 of the judgment.
3. The Centre shall pay the complainant compensation for moral injury in the amount of 10,000 euros.
4. It shall also pay her 5,000 euros in costs.
5. The complainant’s remaining claims are dismissed, as is the Centre’s counterclaim.
The Tribunal quashed the decision to terminate the complainant’s contract because it was taken on the basis of flawed performance evaluation reports.
Placing a document in a staff member's file is not the same as its notification in due and proper form.
personal file; duty to inform
As the Tribunal has consistently held, an international organisation cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules established to evaluate that performance (see, for example, Judgments 2414, under 24, 2991, under 13, or 3148, under 25).
Jugement(s) TAOIT: 2414, 2991, 3148
organisation's duties; unsatisfactory service
complaint allowed; decision quashed; performance report; termination of employment