Judgment No. 4665
Decision
1. The impugned decision is set aside to the extent indicated in consideration 9 of the judgment.
2. Interpol shall pay the complainant, if appropriate, late payment interest as indicated in consideration 3.
3. The Organization shall pay the complainant moral damages in the amount of 5,000 euros.
4. It shall also pay him costs in the amount of 5,000 euros.
5. All other claims are dismissed.
Summary
The complainant, whose post was reclassified retrospectively, claims compensation for the injury he considers he has suffered and requests that his resignation be redefined as a dismissal.
Judgment keywords
Keywords
complaint allowed; post classification; resignation; constructive dismissal
Consideration 3
Extract:
The Tribunal notes that in the impugned decision of 30 October 2018 the Secretary General agreed to reclassify the complainant’s post from grade 3 to grade 2 for the period from 2 April 2014 to 3 October 2017 and accordingly to pay him the undisputed sum of 30,655.50 euros, which corresponds to the difference in salary for the two grades for the period concerned, increased by the pension contributions for that period. In view of the retroactive effect of this decision as from 2 April 2014, the Tribunal considers that it is appropriate, in line with its case law, to apply the principle that interest is due ipso jure whenever a principal sum is payable, which is in particular the case where remuneration falling due on a fixed date was paid belatedly. In this scenario, the starting point for the interest to be paid is the due date for each payment, that due date being equivalent by itself to service of notice (see, in particular, Judgments 3180, consideration 12, 2782, consideration 6, and 2076, consideration 10).
In light of the foregoing, the Tribunal considers that the complainant is indeed entitled to late payment interest at the rate of 5 per cent per annum on each of the monthly additions to net remuneration and each of the pension contributions that were owed by the Organization in comparison to those paid by it at the time. That interest is to accrue from the date on which each of the sums concerned fell due until their date of payment.
Reference(s)
ILOAT Judgment(s): 2076, 2782, 3180
Keywords
interest on arrears
Consideration 4
Extract:
The Tribunal considers [...] that, as the Organization contends, the complainant raises new claims in his rejoinder which have not been made previously. According to the Tribunal’s case law, such claims are irreceivable (see, in particular, Judgments 4487, consideration 15, and 4396, consideration 7).
Reference(s)
ILOAT Judgment(s): 4396, 4487
Keywords
new claim; rejoinder
Consideration 6
Extract:
The Tribunal considers [...] that there is no evidence to suggest that a promise was duly and properly made to the complainant on his appointment that he would be promoted to a grade 2 post. On the contrary, the evidence in the file shows that each time the complainant raised such a promise, he was firmly told that the Organization disputed its existence and that any decision on promotion depended on an official’s performance and the extent to which her or his responsibilities had increased.
Keywords
promise
Consideration 6
Extract:
It follows from the foregoing that the complainant’s voluntary resignation cannot be redefined as having constituted a “constructive dismissal”, which is a concept referred to in the Tribunal’s case law to indicate that an employer has acted in a manner inconsistent with the maintenance of the employment relationship – which is not the case here – entitling the employee, if she or he elects, to treat the employer’s action as terminating the employment (see, in particular, Judgments 4383, consideration 15, and 2435, consideration 17).
Reference(s)
ILOAT Judgment(s): 2435, 4383
Keywords
constructive dismissal
Consideration 8
Extract:
The complainant further seeks compensation for the moral injury he considers he has suffered [...]. He substantiates the existence of this injury with particular reference to the Organization’s [...] bad faith during the negotiations seeking to find an amicable resolution to the dispute.
On this last point, the Tribunal considers that it is not required to take into consideration discussions of this kind (see, in this respect, Judgment 4457, consideration 2).
Reference(s)
ILOAT Judgment(s): 4457
Keywords
moral injury; settlement out of court; competence of tribunal; collective bargaining
Consideration 11
Extract:
[T]he complainant requests the Tribunal to order the deduction from the various monetary awards made to him of an amount “corresponding to the fees and taxes” which he has undertaken to pay to his counsel, and to order that this amount be paid directly to the latter.
However, the Tribunal is not competent to make an order of this nature, which relates to the private contractual relationship between the complainant and his counsel (see, in particular, Judgments 4541, consideration 13, and 4072, consideration 21).
Reference(s)
ILOAT Judgment(s): 4072, 4541
Keywords
competence of tribunal; costs; attorney; counsel
Consideration 10
Extract:
There are no grounds for awarding costs in respect of the internal appeals lodged by the complainant. Such costs may only be awarded under exceptional circumstances (see, in particular, Judgment 4541, consideration 12), which are not present in the instant case.
Reference(s)
ILOAT Judgment(s): 4541
Keywords
costs for internal appeal procedure
|
