Judgment No. 2280
Decision
The complaint is dismissed.
Considerations 5-7
Extract:
Article 28, entitled "Assistance by the Organisation" and referred to by the complainant in his internal appeal, reads in part as follows:
"(1) If, by reason of his office or duties, any permanent employee [...] or any member of his family living in his household is subject to any insult, threat, defamation or attack to his person or property, the Organisation shall assist the employee, in particular in proceedings against the author of any such act.
(2) If a permanent employee [...] suffers injury by reason of his office or duties, the Organisation shall compensate him in so far as he has not wilfully or through serious negligence himself provoked the injury, and has been unable to obtain full redress."
The complainant maintains that the defendant Organisation's refusal to reimburse the costs he incurred in the proceedings before the Dutch courts constitutes a breach of its duty of assistance. That duty, which is expressly provided for by the Service Regulations in the case of injury caused to a permanent employee by reason of his office or duties, should be seen, according to the complainant, within a broader framework and is reflected more generally in what is termed as the Organisation's duty of care for its permanent employees. The question then arises of whether the complainant was in a situation which entitled him to compensation under Article 28(2) of the Service Regulations.
In the circumstances, the Organisation denies that the complainant should be exempted from the BPM. Since he had not been subjected to any insult, threat, defamation or attack, it argues that it owed him neither assistance nor the reimbursement of the costs incurred in his court proceedings, notwithstanding the ruling of the Court of Appeal in Amsterdam. It is the Tribunal's view that the Organisation adopted this position in good faith. By no means is it established that the complainant suffered injury by reason of his office or duties.
Reference(s)
Organization rules reference: Article 28 of the Service Regulations
Keywords
staff regulations and rules; breach
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