Judgment No. 4762
Decision
1. The impugned decision of 14 December 2020 is set aside.
2. The matter is remitted to WHO/UNAIDS in order for the Executive Director to make a further decision on the complainant’s internal appeal.
3. WHO shall pay the complainant 10,000 United States dollars as costs.
4. All other claims are dismissed.
Summary
The complainant contests the decision to dismiss him for misconduct.
Judgment keywords
Keywords
complaint allowed; termination of employment; misconduct; motivation of final decision
Consideration 8
Extract:
It is well settled in the Tribunal’s case law that the executive head of an international organisation, while at liberty to disagree with, and reject, recommendations made by an internal appeal body, must explain why and the basis for the disagreement and rejection (see, for example, Judgment 4598, consideration 12). The Executive Director has not done so in the present case and her decision should be quashed and the matter remitted to the WHO/UNAIDS for a fresh decision to be taken.
Reference(s)
ILOAT Judgment(s): 4598
Keywords
competence of tribunal; motivation of final decision
Consideration 9
Extract:
The complainant [...] seeks moral damages for the length it has taken for the initial harassment claim of Ms B. to be investigated and resolved by a final decision of the Executive Director, a period of almost two and half years. The moral injury asserted by the complainant is simply described as unnecessary anguish, stress and reputational damage. While it can be assumed his dismissal might have had this effect, it is not self-evidently so in relation to the time complained of by him. The complainant bears the burden of proving moral injury and a causal relationship between that and the event complained of but has not done so in this case (see, for example, Judgment 4644, consideration 7).
Reference(s)
ILOAT Judgment(s): 4644
Keywords
moral injury; burden of proof; moral damages
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