Judgment No. 2817
Decision
1. The decision of 10 September 2007 is set aside to the extent that it maintained the decision of 1 February 2006, as is that earlier decision.
2. If the letter of 1 February 2006 has been placed in the complainant's personal file, the Organization shall remove it forthwith.
3. The Organization shall reinstate the complainant administratively in his post with the title of Chief of the Information Centre with effect from 1 February 2006.
4. It shall pay the complainant moral damages in the amount of 10,000 Swiss francs, in accordance with consideration 12, together with costs in the amount of 5,000 francs.
5. The complaint is otherwise dismissed.
Consideration 10
Extract:
The complainant impugns the decision to remove him from his functions following the reorganisation of the department in which he was employed.
"[There] are a number of matters pointing to the conclusion that the [impugned] decision was taken in bad faith. First, there is the fact that [...] there was no restructuring relevant to the complainant's post, although there was then a proposal to that effect. Further, no discussions were then held with the complainant with respect to the restructuring of [his] Department; he was not informed in a timely manner that the restructuring proposal had been replaced with another proposal [...] - a fact that was not disclosed to the Headquarters Board of Appeal by the Organization. No answer was given to his letter of 1 March 2006 and none to a subsequent letter of 28 August 2006 [...]."
Keywords
good faith; reassignment; reorganisation
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