Judgment No. 3594
Decision
1. The FAO shall pay the complainant material damages in the amount of 10,000 euros.
2. It shall pay her moral damages in the amount of 12,000 euros.
3. It shall also pay her costs in the amount of 800 euros.
4. All other claims are dismissed.
Summary
The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.
Judgment keywords
Keywords
complaint allowed; abolition of post; reassignment
Consideration 12
Extract:
"[T]he Tribunal recognises that [the complainant] lost a valuable opportunity to have the question of her contract renewal properly considered on the basis of a decision on her application for a P-2 field post. Accordingly, the complainant is entitled to material damages for the loss of opportunity to be considered for a contract renewal (see Judgments 2678, under 16 and 17, and 2873, under 10)."
Reference(s)
ILOAT Judgment(s): 2678, 2873
Keywords
material injury; material damages
Consideration 12
Extract:
"[T]he FAO shall pay the complainant moral damages for subjecting her to unequal treatment, thereby causing injury to her dignity and reputation [...]."
Keywords
moral injury
Considerations 11-12
Extract:
[T]he decision not to renew [the complainant's] contract was taken in violation of the principle of equality.
The complainant is not entitled to reinstatement or material damages on the basis that her contract should have been renewed, as a fixed-term contract carries no right to renewal.
Keywords
equity; reinstatement; non-renewal of contract; material damages
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