Judgment No. 2800

• Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
• Date: 04.02.2009
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

1. The Executive Secretary's decision of 11 July 2007 is set aside.
2. The Commission shall pay the complainant 5,000 euros in material damages.
3. It shall also pay him 25,000 euros in moral damages.
4. The Commission shall pay the complainant 1,000 euros in costs.
5. All other claims are dismissed.

Consideration 21

Extract:

"Relations between an organisation and its staff must be governed by good faith; an organisation must treat its staff with due consideration and avoid causing them undue injury. Also, it is well established in the case law that bad faith cannot be presumed, it must be proven. Additionally, bad faith requires an element of malice, ill will, improper motive, fraud or similar dishonest purpose."

Reference(s)

ILOAT Judgment(s): 2116, 2293

Keywords

evidence; burden of proof; good faith; organisation's duties; staff member's duties; working relations

Consideration 22

Extract:

"While international organisations have a broad discretion in relation to the abolition of posts, the decision to abolish a post will be reviewable where it can be established that the decision was taken in bad faith."

Keywords

decision; abolition of post; discretion; limits; bad faith