Judgment No. 3164
Decision
1. The impugned decision is set aside. 2. The ILO shall pay the complainant 30,000 Swiss francs in compensation for the injury suffered under all heads. 3. It shall also pay her costs in the amount of 3,000 francs. 4. All other claims are dismissed.
Summary
The complainant successfully challenges the rejection of her request for a transfer, alleging harassment.
Consideration 7(a)
Extract:
"[A]n organisation must interpret a staff member’s claims in good faith and read them as it might reasonably have been expected to do (see, in particular, Judgment 1768, under 3)."
Reference(s)
ILOAT Judgment(s): 1768
Keywords
claim; good faith; organisation's duties; interpretation
Consideration 7(b)
Extract:
"[T]he complainant is justified in requesting the setting aside of a decision accepting the Board’s recommendations which has not been implemented."
Keywords
decision; internal appeals body; impugned decision; final decision
Consideration 9
Extract:
"[B]y merely stating that he accepted the [Joint Advisory Appeals] Board’s recommendations without specifying the practical steps to be taken in order to implement them, the Director-General issued a fundamentally flawed decision the execution of which was bound to be problematic."
Keywords
decision; internal appeals body; recommendation; executive head; flaw; acceptance
Judgment keywords
Keywords
complaint allowed; decision quashed; transfer; permanent appointment; harassment; conversion of contract
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