Judgment No. 53
Decision
1. THE CLAIMS FOR SW.FRS. 477 AND SW.FRS. 622.90 FOR DAMAGES TO THE COMPLAINANT'S PERSONAL EFFECTS AND FOR TRAVEL EXPENSES RESPECTIVELY HAVING BEEN SETTLED BEFORE THE HEARING BY THE TRIBUNAL, NO DECISION BY THE TRIBUNAL ON THE MERITS OF THESE ITEMS IS NECESSARY.
2. THE REMAINDER OF THE CLAIM IS DISMISSED.
3. THE COSTS INCURRED BY THE COMPLAINANT IN RESPECT OF THE ITEM OF SW.FRS. 477 SHALL AFTER TAXATION BY THE PRESIDENT BE PAID TO THE COMPLAINANT BY THE ORGANIZATION.
Consideration 9
Extract:
The complainant's claim for damages was well-founded. Compensation was paid to him after filing, but before the complaint was heard by the Tribunal. The complainant is entitled to costs. "As the Tribunal does not award costs to defendant organizations, the above-mentioned costs cannot be set off against costs in respect of the mistaken claim for transportation expenses withdrawn by the complainant after the submission of the organization's reply."
Keywords
organisation; settlement out of court; exception; costs; case pending; offer; compensation
Consideration 4
Extract:
"It is open to the organization to require by decision taken in reasonable time reimbursement in whole or in part of the overpayment, account being taken of all the circumstances of the case, including inter alia the bona or mala fides of the official, the nature of the error, the degree of negligence of the organization and of the official and the hardship caused to the official by any subsequent recovery in consequence of an error of the organization."
Keywords
complainant; organisation; time limit; reasonable time; general principle; good faith; negligence; recovery of overpayment; request by a party
Consideration 4
Extract:
"In the absence of relevant provisions in the Staff Rules, the general principle of law according to which the payer is entitled to pursue the recovery against the payee of sums paid in error is applicable to the present case."
Keywords
applicable law; general principle; recovery of overpayment; no provision
Consideration 7
Extract:
"As defaulting on financial obligations and incurring debts beyond the debtor's capacity to repay [...] are incompatible with the standards of conduct required of an international civil servant and are likely to bring the organization and its officials into public disrepute [...]. The Director General's decision to terminate the complainant's probationary appointment [...] was in the circumstances of this case fully justified."
Keywords
probationary period; termination of employment; staff member's duties; conduct; organisation's reputation; debt
Consideration 2
Extract:
"While there is no positive obligation for the organization to brief an official as to living conditions at his future duty station, where the organization undertakes to provide such briefing, it must do so carefully and realistically." In the present case, it was for the complainant to make arrangements, in the light of the information supplied, of his personal circumstances and the amount of his remuneration, "it being neither incumbent upon, nor possible for, the organization to advise him in the matter."
Keywords
organisation's duties; duty to inform; terms of appointment; duty station; working conditions
Consideration 9
Extract:
"Damages to personal effects, in respect of which complainant makes a claim [...] arose out of and in the course of employment. Whether or not the claim for compensation was allowable under the organization's baggage insurance policy, the organization was directly liable for compensation."
Keywords
injury; liability; material injury; organisation; organisation's duties; personal effects; insurance; service-incurred; compensation
Consideration 4
Extract:
"Decisions taken in respect of recovery are subject to review under the conditions provided for in paragraphs 1 and 2 of Article VII of the Statute of the Tribunal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 2, OF THE STATUTE
Keywords
competence of tribunal; recovery of overpayment
Consideration 3
Extract:
"The complainant was appointed in the grade of P.1 and accepted such appointment. Had he considered that the classification of his post did not accurately reflect the type and level of his duties and responsibilities and the qualifications required of him, it was open to him [...] to request at any time a re-examination of the classification of the post he occupied, and this he did not do. Consequently his submission in respect of incorrect grading must also be set aside."
Keywords
absence of final decision; receivability of the complaint; internal remedies exhausted; post classification
Consideration 1
Extract:
"While the Tribunal is competent to review any decision of the Director-General to terminate the appointment of [an] official, insofar as it may be tainted [etc.]. The Tribunal will not substitute its own opinion for that of the Director-General as regards the conduct or suitability of an official for international service."
Keywords
work appraisal; conduct; fitness for international civil service; judicial review; discretion
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