Judgment No. 2867
Decision
1. The President's decision of 4 April 2008 is set aside.
2. IFAD shall pay the complainant material damages equivalent to the salary and other allowances she would have received if her contract had been extended for two years from 16 March 2006, together with interest at the rate of 8 per cent per annum from due dates until the date of payment. The complainant is to give credit for wages or salary earned within that period.
3. IFAD shall pay the complainant moral damages in the sum of 10,000 euros.
4. It shall also pay her costs in the amount of 5,000 euros.
5. All other claims are dismissed.
Consideration 18
Extract:
"Although the Joint Appeals Board recommended that the complainant be reinstated in a post in the Global Mechanism, there is no evidence that her contract would have been renewed for the 2008- 2009 biennium. Accordingly, reinstatement will not be ordered. However, as the abolition of her post was the only reason advanced for the non-renewal of the complainant's contract and there is nothing to suggest that her contract would not otherwise have been extended for two years, she is entitled to material damages in the amount of salary and other benefits she would have received had her contract been renewed for a further two years, together with interest [...]."
Keywords
legitimate expectation; extension of contract; reinstatement; abolition of post; non-renewal of contract; staff reduction; material damages
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