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Judgment No. 3595

Decision

1. The FAO shall pay the complainant material damages in an amount equivalent to the last four months of his salary plus all benefits, entitlements and emoluments, without any statutory deductions, plus interest at a rate of 5 per cent per annum from the date of his separation from service until the date of final payment.
2. It shall pay him moral damages in the amount of 20,000 Swiss francs.
3. It shall also pay him costs in the amount of 3,000 Swiss francs.
4. All other claims are dismissed.

Summary

The complainant challenges both the decision to separate him from service and his non-selection for a post.

Judgment keywords

Keywords

complaint allowed; termination of employment; selection procedure

Consideration 13

Extract:

The complainant requests oral proceedings and the disclosure of unspecified documents relating to this matter. In view of the abundant and sufficiently clear submissions and evidence produced by the parties, the Tribunal considers that it is fully informed about the aspects of the case that are relevant to the outcome of the dispute and does not therefore deem it necessary to grant the request for oral proceedings. The complainant formulated his request for documents as “any and all” documents in relation to some events, without explaining their potential relevance. The case law provides that the Tribunal “will not order the production of documents on the speculative basis that something might be found to further the complainant’s case” (see Judgment 2510, under 7), particularly when the request is made “in the most general terms which are tantamount to a fishing expedition” (see Judgment 3499, under 6, and the case law cited therein). For this reason, the Tribunal disallows the request for documents.

Reference(s)

ILOAT Judgment(s): 2510, 3499

Keywords

fishing expedition



 
Last updated: 17.02.2022 ^ top