Judgment No. 3686
Decision
1. WHO shall pay the complainant moral damages in the amount of 65,000 Swiss francs. 2. WHO shall pay the complainant costs in the amount of 5,000 Swiss francs. 3. All other claims are dismissed.
Summary
The complainant challenges the Director-General’s final decision on her internal appeal in relation to the issuance of new terms of reference altering the functions of her post, arguing that the compensation she was offered was inadequate.
Judgment keywords
Keywords
complaint allowed; transfer; reassignment
Consideration 22
Extract:
[T]he case law is clear that a complainant’s claims must not exceed in scope the claims submitted during the internal appeal process. However, a complainant is not precluded from advancing new pleas before the Tribunal even if those pleas were not placed before the relevant internal appeal body (see Judgment 2571, consideration 5).
Reference(s)
ILOAT Judgment(s): 2571
Keywords
receivability of the complaint; internal appeal; new plea
Consideration 30
Extract:
[I]t must be observed that the change to the complainant’s title coupled with the removal of all her managerial responsibilities and functions are actions that can only be described as demeaning and humiliating.
Keywords
humiliation
Consideration 35
Extract:
In Judgment 2364, consideration 2, the Tribunal considered grounds of complaint based on facts arising subsequent to the impugned decision.
Reference(s)
ILOAT Judgment(s): 2364
Keywords
decision; subsequent fact
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