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Judgment No. 4511

Decision

1. The ICC shall pay the complainant material damages in the sum of 47,000 euros less any material damages already paid.
2. The ICC shall pay the complainant 1,000 euros costs.
3. All other claims are dismissed.

Summary

The complainant challenges the new final decision made pursuant to the Tribunal’s order in Judgment 3905 concerning the decision to terminate his fixed-term contract.

Judgment keywords

Keywords

complaint allowed; fixed-term; termination of employment

Consideration 2

Extract:

[T]he Tribunal’s case law states that documents from informal settlement processes are not admissible in the Tribunal as they should not be disclosed in the more formal process (see Judgment 3586, under 5, recently confirmed in Judgment 4457, under 2).

Reference(s)

ILOAT Judgment(s): 3586, 4457

Keywords

evidence; agreed termination; confidentiality

Consideration 5

Extract:

[A]s the complainant’s employment, but for the abolition of his post, was due to expire on 31 December 2016, it would be inappropriate to order the complainant’s reinstatement (see Judgment 3908, consideration 21).

Reference(s)

ILOAT Judgment(s): 3908

Keywords

reinstatement



 
Last updated: 26.07.2022 ^ top