Judgment No. 1728
Decision
1. The WHO shall pay the complainant 25,000 Swiss francs in material damages. 2. It shall pay him 5,000 francs in costs. 3. His other claims are dismissed.
Consideration 16
Extract:
"As for the right to be heard before termination, it must of course be respected where there is a proposal to terminate an appointment for disciplinary reasons or for unsatisfactory performance. A reduction-in-force committee does not, however, make findings of that kind but performs very different functions. That is clear from Manual paragraph II.9.340.3, which requires assessment 'essentially' on the basis of appraisal reports and other written records of performance and service."
Keywords
complainant; internal appeals body; confidential evidence; personal file; organisation's duties; duty to inform; selection board; limits
Consideration 16
Extract:
"While it is true that the records of selection committees must be made available to appellate bodies, yet, insofar as they relate to staff other than the appellants themselves, they are confidential, and there is no general requirement of disclosure to such appellants."
Reference(s)
Organization rules reference: WHO MANUAL PARAGRAPH II.9.340.3
Keywords
procedure before the tribunal; right to reply; staff regulations and rules; performance report; termination of employment; misconduct; staff reduction; unsatisfactory service; disciplinary procedure
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