Judgment No. 3865
1. The Global Fund shall pay the complainant 40,000 euros in moral damages.
2. The Global Fund shall pay the complainant 5,000 euros in costs.
3. All other claims are dismissed.
The complainant challenges the decision to terminate her appointment due to the redundancy of her post.
complaint allowed; abolition of post; termination of employment
The rights and duties of the employee and the organization crystallise not when a decision is taken that the job is no longer needed by the organization but when, as a result, a decision is taken to terminate the employment of the person occupying that position.
abolition of post; termination of employment
[T]he right to make payment in lieu of notice conferred by the Handbook, does not absolve the Global Fund of its more general obligation to do all it can to reassign an official whose position has been abolished (see, for example, Judgments 3754, consideration 16, and 3755, consideration 6).
Jugement(s) TAOIT: 3754, 3755
[O]rdinarily it is a matter for the parties to decide what evidence they provide to the Tribunal and it is not for the Tribunal to say what evidence it requires. There is nothing about this case that would warrant a departure from that essential feature of the adversarial process.
Ordinarily it could not be expected that the Head, HR, would act on rumour, particularly if it was known to be wrong. But this was a situation where a staff member was about to be separated from the organization because her position had been abolished and where [...] the Global Fund was under an obligation to do all it could to reassign an official whose position had been abolished. At the very least, what the complainant said about Mr N. should have resulted in the Head, HR, making some enquiries [...].
abolition of post; duty of care