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Judgment No. 1481

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 5 JANUARY 1994 IS SET ASIDE.
2. THECOMPLAINANT'S CASE IS SENT BACK TO THE ORGANIZATION SO THAT IT MAY ACT ON THE RULING IN THIS JUDGMENT.
3. IT SHALL PAY HIM 5,000 SWISS FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 7

Extract:

The ILO had told the complainant upon recruitment that he could expect to receive an appointment without limit of time in five or six years. The Tribunal holds "that the conditions that precedent requires are met. The Director-General was wrong to refuse him an appointment without limit of time and to grant him only two years".

Keywords

case law; terms of appointment; duration of appointment; permanent appointment; promise; criteria

Consideration 8

Extract:

"Though [the complainant whom the Organization refused to grant a permanent contract in spite of a promise it had made to him] claims for moral damages for the ILO's treatment of him, this judgment may be deemed to afford him redress on that count."

Keywords

moral injury; judgment of the tribunal; compensation



 
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