Judgment No. 3113
Decision
1. The ILO shall pay the complainant material damages in an amount equivalent to the salary, allowances and other benefits - but not including pension contributions - which he otherwise would have received fro the period 1 April 2008 to 1 March 2010 in the grade and step of the post occupied by him when he proceeded on special leave without pay. The complainant must account for net earnings from other sources during that period.
2. The Organization shall pay the complainant moral damages in the amount of 25,000 Swiss francs.
3. It shall also pay him costs in the amount of 8,000 francs.
4. All other claims are dismissed.
Judgment keywords
Keywords
complaint allowed; termination of employment; special leave
Consideration 7
Extract:
The Tribunal concurs with the Joint Advisory Appeals Board's finding that the complainant was entitled to be reintegrated in a suitable post effective 1 April 2008 and that the Office had an obligation to ensure that it had the ability to do so. The Tribunal also concurs with the Board that as Judgment 2755 was delivered subsequent to that date it cannot rely on that judgment to explain its earlier conduct.
Keywords
case law; special leave
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