Judgment No. 2885
Decision
1. WHO shall pay the complainant moral damages in the sum of 6,000 Swiss francs and costs in the amount of 2,000 francs.
2. The complaint is otherwise dismissed.
Consideration 12
Extract:
"[I]t is convenient to note that there is a "misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve" (see Judgment 1129, under 8). It may be accepted that it is a misuse of authority if a post is abolished in order to circumvent the relevant procedures applicable in the case of unsatisfactory performance. Even so, "misuse of authority may not be presumed and the burden of proof is on the party that pleads it" (see Judgment 2116, under 4)."
Reference(s)
Jugement(s) TAOIT: 1129, 2116
Keywords
grounds; abolition of post; reassignment; reorganisation; organisation's interest; misuse of authority; abuse of power
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