Judgment No. 3750
Decision
1. The impugned decision of 7 February 2014 is set aside and the separation agreement must be considered null and void.
2. The Global Fund shall reinstate the complainant within one month of the delivery of this judgment.
3. The Global Fund shall pay the complainant material damages as detailed under consideration 9.
4. It shall pay her moral damages in the amount of 10,000 Swiss francs.
5. It shall also pay her costs in the amount of 2,000 Swiss francs.
6. The complainant’s other claims are dismissed, as is the Global Fund’s counterclaim.
Summary
The complainant challenges her separation from service under a separation agreement.
Judgment keywords
Keywords
complaint allowed; decision quashed; reinstatement; agreed termination; duress
Consideration 7
Extract:
By leading the complainant to believe that she had underperformed, the Global Fund abused its authority and put the complainant under unlawful pressure, which vitiated her consent in signing the separation agreement, which she did under the false impression that she had underperformed. As the offer of a PIP was unlawful, the separation agreement signed by the complainant is null and void on the grounds that she signed it under duress.
Keywords
misuse of authority; duress; abuse of power
Consideration 9
Extract:
[T]he separation agreement is null and void and the Tribunal will order the complainant’s reinstatement to be effected within one month of the delivery of this judgment. The Global Fund shall pay the complainant an amount equivalent to all salaries, allowances and benefits she was entitled to, including any contribution the Global Fund would have paid to the Provident Fund, from the date of separation from service to the effective date of her reinstatement, plus 5 per cent interest per annum from due dates less the amount paid through the separation agreement and any net earnings received in that period. If the Global Fund fails to reinstate the complainant and pay all amounts owed within one month of the delivery of this judgment, it shall pay the complainant interest at a rate of 20 per cent per annum until both requirements are fulfilled.
Keywords
reinstatement
Consideration 9
Extract:
For the abuse of power and the violation of the Global Fund’s duty of care stemming from the unlawful acts leading to the complainant’s separation, taking into account the complainant’s reinstatement, the Tribunal will award the complainant moral damages in the amount of 10,000 Swiss francs.
Keywords
misuse of authority; abuse of power
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