Judgment No. 3038
Decision
1. WHO shall pay the complainant material damages in the sum of 325,000 United States dollars.
2. The Organization shall pay interest on the sum referred to in 1 above at the rate of 5 per cent per annum from the date of delivery of this judgment until the date of payment, unless that sum is paid within 28 days of the date of delivery of the judgment.
3. It shall also pay to the complainant costs in the amount of 20,000 dollars.
4. All other claims are dismissed.
Consideration 20
Extract:
Failure of the parties to reach agreement on the amount of compensation owed to the complainant for the termination of his appointment following a flawed reassignment procedure.
"The Tribunal finds that the inordinate delay on the part of the Organization, and its conduct during the negotiations, do not reflect the duty that is incumbent on an organisation to negotiate in good faith, or the care it should take in the implementation of a decision. These matters warrant an award of moral damages."
Keywords
moral injury; organisation; settlement out of court; delay; good faith; organisation's duties; conduct; compensation; duty of care
Consideration 21
Extract:
"As the parties have been unable to agree on the terms of a negotiated settlement, remitting the matter to [the Organization] to resolve the matter of compensation would be futile and would result in further unwarranted delay in the resolution of the dispute. In these circumstances, the Tribunal will itself determine the relief to which the complainant is entitled [...]."
Keywords
settlement out of court; delay; order; compensation
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