Judgment No. 3613
1. The Board’s 15 November 2012 decision is set aside.
2. The Global Fund shall pay the complainant material damages in an amount equivalent to the salary, benefits and other emoluments to which he would have been entitled from 28 February 2013 to the date of his anticipated retirement in June 2016 had he remained in service less the complainant’s net earnings from other sources in that period together with 5 per cent interest from 28 February 2013 to the date of payment.
3. The Global Fund shall pay the complainant moral damages in the amount of 150,000 Swiss francs.
4. The Global Fund shall pay the complainant costs in the amount of 15,000 Swiss francs.
5. Within seven days of the public delivery of this Judgment the Global Fund shall remove the News Release from its website.
6. All other claims are dismissed as is the Global Fund’s counterclaim for costs.
The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fund’s refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fund’s website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.
complaint allowed; decision quashed; breach; termination of employment
It is well established in the Tribunal’s case law that “international organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members” (Judgment 2861, under 91; see also Judgments 396, 1875, 2371, 2475 and 2720).
Jugement(s) TAOIT: 396, 1875, 2371, 2475, 2720
organisation's duties; respect for dignity; duty of care