Judgment No. 4098

• Organization: World Health Organization (WHO)
• Date: 06.02.2019
• Original: English
• Judges: Hansen, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. WHO shall pay the complainant moral damages in an amount of 1,000 United States dollars in addition to the Director-General’s earlier award of moral damages.
2. WHO shall pay the complainant costs in an amount of 750 United States dollars.
3. All other claims are dismissed.

Summary

The complainant challenges the decision not to select him for a position for which he had applied.

Judgment keywords

Keywords

complaint allowed; competition; selection procedure

Consideration 5

Extract:

As the Tribunal held in Judgment 3043, under 18, a personal promotion “should certainly not be granted as redress for an alleged injury”.

Reference(s)

ILOAT Judgment(s): 3043

Keywords

personal promotion; compensatory measure

Consideration 6

Extract:

[T]he complainant did not advance any alternative submissions regarding the adequacy of th[e] amount [awarded by the Director-General in material damages]. Accordingly there is no reason to disturb this award.

Keywords

amount; material damages

Consideration 10

Extract:

It is well settled in the case law that internal appeals must be conducted with due diligence and in a manner consistent with the duty of care an international organization owes to its staff members (see Judgment 3160, under 16; see also Judgments 3582, under 3, and 3688, under 11). In the present case, there was unreasonable delay in the appeal process[.]

Reference(s)

ILOAT Judgment(s): 3160, 3582, 3688

Keywords

organisation's duties; duty of care; delay in internal procedure