Judgment No. 4500
Decision
1. The impugned decision, dated 12 July 2019, is set aside.
2. The FAO shall pay the complainant 1,000 euros costs.
3. All other claims are dismissed.
Summary
The complainant contests the decision to abolish the Joint Commissary Committee.
Judgment keywords
Keywords
complaint allowed; staff union; consultation
Consideration 7
Extract:
The Tribunal’s case law regarding consultation states, in consideration 13 of Judgment 4230, for example, that “a proper consultation must allow a reasonable amount of time for the consulted body to discuss the issue, have its principal questions answered and provide reasoned advice or recommendations, and must also allow time for the deciding authority to take that advice into consideration prior to taking the final decision. In Judgment 380, consideration 21, the Tribunal stated: ‘Where there is only a simple obligation to consult, the decision-maker’s duty is to listen or at most to exchange views. The object of the consultation is that [she or] he will make the best decision and the assumption is that [she or] he will not succeed in doing that unless [she or] he has the benefit of the views of the person consulted. [...]’”.
Reference(s)
ILOAT Judgment(s): 380, 4230
Keywords
staff union; consultation
Consideration 10
Extract:
Given that the complainant succeeds on this central issue, he will be awarded 1,000 euros in costs, as the Tribunal cannot award it to the AP-in-FAO to whom he requests it be paid. Indeed, the AP-in-FAO is not a party to the case.
Keywords
costs; staff union
Consideration 12
Extract:
[T]he complainant’s claim that the AP-in-FAO be reimbursed the legal expenses incurred in the internal appeal proceedings, which the Appeals Committee recommended but the Director-General rejected, is unfounded. The FAO’s rules make no provision regarding such costs. Under the Tribunal’s case law, costs of this kind may be awarded only in exceptional circumstances (see, for example, Judgment 4369, consideration 22), which circumstances are not present in this case.
Reference(s)
ILOAT Judgment(s): 4369
Keywords
costs for internal appeal procedure
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