## Order No. 2005-1

## Source details

**Canonical URL:** [Order No. 2005-1](https://www.imf.org/-/media/files/imfat/o2005-1.pdf)

## Other formats

- [Markdown version](/-/media/files/imfat/o2005-1.pdf.md)
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### Decision overview
- The Administrative Tribunal of the International Monetary Fund decided in Mr. “F”, Applicant v. International Monetary Fund, Respondent, IMFAT Judgment No. 2005-1 (March 18, 2005), paras. 123-124 and Decision, para. 4, that the Fund shall pay Applicant the reasonable costs of his legal representation in accordance with Article XIV, Section 4 of the Tribunal’s Statute.
- The Tribunal considered Applicant’s statement of costs and the Fund’s response and unanimously adopted the assessment set out below.

### Findings on merits and contribution to relief
- Applicant was not successful on his principal and most complex claim: that the abolition of his position represented an abuse of discretion by the Fund.
- Applicant prevailed on claims that the Fund:
  - failed to take effective measures in response to the religious intolerance and workplace harassment of which Mr. “F” was an object; and
  - failed to give him reasonable notice of the abolition of his post.
- On the claim that the Fund failed to make requisite efforts to reassign Applicant to another position consistent with his qualifications and the requirements of the Fund, the Tribunal found fault to be borne by both parties and declined to award compensation to Applicant.
- The Tribunal concluded that the record assembled and argued by Applicant’s counsel in pursuit of the principal claim was indispensable to the Tribunal’s award to Applicant of substantial relief on other substantial counts; accordingly the Fund should bear the great majority of Applicant’s legal costs.

### Legal basis for costs award
- Article XIV, Section 4 of the Tribunal’s Statute provides:
  - “If the Tribunal concludes that an application is well-founded in whole or in part, it may order that the reasonable costs incurred by the applicant in the case, including the cost of applicant's counsel, be totally or partially borne by the Fund, taking into account the nature and complexity of the case, the nature and quality of the work performed, and the amount of the fees in relation to prevailing rates.”

### Assessment of legal costs
- Taking into account:
  - the nature and complexity of the case,
  - the nature and the quality of the work performed, and
  - the amount of the fees in relation to prevailing rates,
  the Administrative Tribunal assessed the reasonable costs of Applicant’s legal representation at $49,833.50, i.e. seventy-five percent of the total amount submitted.

### Signatures and formalities
- Decision adopted unanimously by:
  - Stephen M. Schwebel, President
  - Nisuke Ando, Associate Judge
  - Michel Gentot, Associate Judge
- Registrar: Celia Goldman
- Washington, D.C., April 18, 2005

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_Source: https://www.imf.org/-/media/files/imfat/o2005-1.pdf_