Judgment No. 4801
Decision
The complaint is dismissed.
Summary
The complainant challenges the appointment of the Principal Director of Human Resources.
Judgment keywords
Keywords
appointment; selection procedure; complaint dismissed
Consideration 6
Extract:
No claim for material damages was made in the internal appeal and cannot now be made in the Tribunal (see, for example, Judgments 4304, consideration 8, and 2360, consideration 7).
Reference(s)
ILOAT Judgment(s): 2360, 4304
Keywords
receivability of the complaint; material damages; internal remedies not exhausted
Consideration 7
Extract:
Insofar as moral damages are concerned, she simply asserts in her brief that she seeks such damages ‘for the injustice and personal harm caused by the clearly discriminatory underevaluation of the Complainant’s professional experience in order to favor [the new Principal Director of Human Resources]’. Beyond this broad statement, there is no specification of the moral injury caused by the appointment nor evidence supporting its existence. These matters precondition the award of moral damages (see, for example, Judgment 4644, consideration 7).
Reference(s)
ILOAT Judgment(s): 4644
Keywords
moral injury; burden of proof; moral damages
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