Judgment No. 2936
Decision
1. The decision of the Director General of the IAEA of 21 May 2008 and the previous decisions of 29 January 2007 and 26 February 2007 are set aside.
2. The IAEA shall pay the complainant financial compensation for the material injury suffered owing to the failure to extend his contract beyond normal retirement age and interest thereon, as indicated in the judgment, under 21.
3. The Agency shall pay the complainant 10,000 euros in compensation for moral injury.
4. It shall also pay him costs in the amount of 5,000 euros.
5. The complaint is otherwise dismissed.
Consideration 14
Extract:
"[T]rifling differences in the respective situations of staff members do not justify different treatment where the people concerned are in what may be regarded as comparable, albeit not identical positions vis-à-vis the rule applying to them [...]."
Reference(s)
ILOAT Judgment(s): 792, 2066
Keywords
general principle; equal treatment; written rule; staff regulations and rules; amendment to the rules; breach; difference; right
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