Judgment No. 3370
Decision
1. The EPO shall pay the complainant 15,000 euros as moral damages.
2. It shall also pay him 1,500 euros in costs.
3. All other claims are dismissed.
Summary
The complainant, who performed duties at a higher level than his grade, impugns the decision not to grant him a promotion and acting allowance, and partially succeeds on the basis that the Organisation breached its duty of care.
Judgment keywords
Keywords
appointment; special post allowance
Consideration 8
Extract:
"It is well settled in judgments of the Tribunal that it will not order the promotion or reclassification of a staff member, as such decisions are discretionary and involve specialist evaluation (see, for example, Judgment 2706, consideration 14)."
Reference(s)
ILOAT Judgment(s): 2706
Keywords
promotion; discretion; reclassification
Consideration 14
Extract:
"While the complainant was not legally entitled to have his post upgraded nor was he legally entitled to be appointed to the position for which he had applied, he was entitled to have the Organisation act in good faith towards him and respect his dignity. It was an affront to his dignity to be exposed to a delay of over two years to resolve his status in circumstances where he believed, and more importantly where he knew his immediate superior also believed, he had been performing duties of [a higher] post and was suitable for appointment to such a post."
Keywords
good faith; respect for dignity; duty of care
Consideration 16
Extract:
"The complainant requested a hearing at which he would call evidence designed to establish that he performed work at an A-grade level. In view of the approach taken by the Tribunal to his pleas, such evidence would not have assisted the Tribunal in its deliberations. Accordingly this request is refused."
Keywords
oral proceedings
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