Coercive measures (937,-666)

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Keywords: Coercive measures
Total judgments found: 3

• Judgment 4457

  
  133rd Session, 2022
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to summarily dismiss him.

  Consideration 27

  Extract:

  [The moral] injury was further aggravated in this case by the abrupt, unnecessarily humiliating manner in which this penalty was applied. The complainant submits, without being effectively contradicted by the Organization, that he was forced to leave UNESCO premises under the watch of security officials as soon as he was notified of it. The Tribunal points out that, unless there is a justified need, the use of such procedures is strongly condemned in its case law (see, for example, Judgments 2892, consideration 26, or 3169, consideration 21).

  Reference(s)

  ILOAT Judgment(s): 2892, 3169
  

  Keywords:

  coercive measures;
  

  
  
  

• Judgment 3169

  
  114th Session, 2013
  Centre for the Development of Enterprise
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to terminate his contract following the abolition of his post, which, in his view, was not taken by the competent body.

  Consideration 21

  Extract:

  The complainant [...] contends that the circumstances in which his dismissal occurred caused him serious moral injury. His submissions in this respect are manifestly well founded. On the one hand, the lack of information before the termination of his appointment and of any effort on the part of the CDE to reassign him to another post were an affront to his dignity. On the other hand and above all, the complainant contends, without being contradicted in any way by the Centre, that on being notified of the termination of his contract by the Director in the presence of a bailiff, his ground pass to the Centre’s premises was immediately withdrawn and he was forthwith escorted from them by security guards. From its written submissions the CDE appears to believe that such measures, “albeit unusual”, were “not in any way intrinsically unlawful” and were justified, “in view of the number of staff members whose contract [had been] terminated”, by the need “to guard against possible acts of retaliation”. The Tribunal considers on the contrary that they were brutal and humiliating. They were all the more shocking in the instant case because they were directed against a staff member who had served the Centre with uncontested professional merit for no less than 22 years. If the complainant is not actually reinstated – and solely in this case, since the complainant makes this request only in his subsidiary claims – in consequence of the foregoing the Centre shall pay him moral damages, which the Tribunal considers it appropriate to set at 7,500 euros, as requested by the complainant.

  Keywords:

  coercive measures;
  

  
  
  

• Judgment 2892

  
  108th Session, 2010
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 26

  Extract:

  [T]he claim for compensation in the second complaint is receivable insofar as it is a claim with respect to the complainant’s treatment on the evening of 15 March 2007. Even on the Secretary-General’s account, his instructions to the security officers to escort the complainant from his office and, later, from the ITU building, were disproportionate and an affront to his dignity. There is no suggestion that the complainant engaged in or, in so many words, actually threatened violence. The Secretary-General claims that he asked the complainant to “calm down” and reminded him that their discussion should be on an intellectual basis. However, he did not request the complainant to leave his office or, even, warn him that he would be asked to do so if his behaviour continued – steps that would ordinarily be taken before asking security officers to escort a staff member from his office. Further, there is no explanation as to why, some five minutes later, the Secretary-General considered it appropriate to ask the security officers to escort the complainant from the building and to insist that he take nothing with him. Presumably, it was in consequence of that last instruction that the complainant was obliged to hand over his badge when leaving the building. The complainant is entitled to be compensated for these actions in respect of which the Tribunal awards the sum of 15,000 Swiss francs for moral damages.

  Keywords:

  coercive measures;