Judgment No. 3886
1. The ILO shall pay the complainant 2,500 Swiss francs for the inordinate delay in the IRG proceedings.
2. It shall pay him costs in the amount of 300 Swiss francs.
3. All other claims are dismissed.
The complainant contests the decision to reject his request for a job grading review.
complaint allowed; post classification
The post that the complainant was temporarily occupying was graded at the P.5 level and the job description and list of duties pertaining to that post were commensurate with the P.5 grading. As such, there was no reason to request a job grading review. The complainant himself held grade P.4, and was temporarily acting at the P.5 level, with commensurate compensation, and was expected to return to a P.4 post following the completion of the temporary assignment [...].
The complainant claims that the proceedings before the IRG took four years, which constitutes an inordinate delay. The ILO submits that the delay is reasonable as the complainant’s request was clearly irreceivable and did not cause him any prejudice. The Tribunal notes that paragraph 19 of Circular No. 639 [...] provides that appeals shall normally be processed within three months. As the complainant’s request was not complicated and the Organization has not provided any real justification for the delay, the complainant is entitled to an award of moral damages. Considering the obvious irreceivability of the original request, the Tribunal sets the award at 2,500 Swiss francs.
moral injury; delay
[B]ad faith must be proven, not assumed[...].