Judgment No. 640

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 05.12.1984
• Original: French
• Judges: Ducoux, Grisel, Douglas
• Full judgment text - Full judgment text (french)

Decision

1. THE IMPUGNED DECISION IS QUASHED.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT $8,000 IN DAMAGES AND $2,000 IN COSTS.

Considerations 1 and 4

Extract:

"The complainant was dismissed on the grounds of attempted theft of four wooden chairs from the organization. [...] In sum, the arguments in favour and against cancel each other out. The charge of attempted theft cannot therefore be taken as proven and the impugned decision is unlawful. The Tribunal will not order the reinstatement of the complainant, who has left the FAO. Instead it will award him compensation".

Keywords

moral injury; lack of evidence; termination of employment; serious misconduct; material damages