Judgment No. 3298
1. The impugned decisions are set aside.
2. The rights of the complainants and the intervener shall be restored as indicated under 26 above.
3. The Organization shall pay the complainants and the intervener compensation in the amount of 2,000 Swiss francs for the moral injury suffered.
4. It shall also pay each complainant 1,500 Swiss francs in costs.
The complainants contest the conditions of their reassignment and allege unequal treatment.
complaint allowed; equal treatment; breach
Considerations 12 and 16
The Organization considers that the complainant's claims are so vague that the Tribunal should not rule on them.
"Apart from anything else, procedural fairness requires that a defendant organisation understands the case advanced by the complainant in order to be able to meet it. It is possible to conceive of situations where the complaint is so vaguely expressed that a defendant organisation is simply unable to respond. This is not so in the present case. Apart from raising the point about the form of the complaint as a threshold issue, the [Organization] has presented its defence on what appears to be a clear understanding of the issues [the complainant] raised and, implicitly, the relief he sought. For these reasons, the Tribunal rejects this aspect of the [Organization]’s pleas. The complaint is receivable."
vague claim; receivability of the complaint
"[B]y denying the complainants the status of non-locally recruited officials, whereas that status was granted to three officials reassigned to Addis Ababa in the same circumstances, the [Organization] breached the principle of equal treatment."
status of complainant; equal treatment; breach; reassignment