Judgment No. 2910
Decision
1. The decision of the Director General of 30 May 2008 is set aside to the extent that it rejected the complainant's claims for moral damages for failure to observe proper procedures and for the costs of the internal appeal proceedings.
2. The IAEA shall pay the complainant moral damages in the amount of 10,000 euros.
3. It shall also pay the complainant's costs of these and the internal appeal proceedings in the amount of 3,000 euros.
4. All other claims are dismissed.
Consideration 13
Extract:
"The complainant was entitled to have her grievance dealt with in accordance with the policy and the procedures laid down in [...] the Staff Regulations and Staff Rules. The Agency's failure to do so constitutes not only a breach of its own policy and rules but, as well, a breach of its duty of care towards the complainant. In Judgment 2636 the Tribunal pointed out that this duty includes the obligation to ensure that allegations of harassment are "properly and promptly investigated". The Agency seeks to avoid responsibility for the delay that occurred [until] the complainant [...] enquired about the status of her request for investigation. However, it was for the Agency, not the complainant, to ensure that the matter was properly and promptly investigated. Moreover, and even if informal methods of resolution are to be explored, it is important that the facts be promptly ascertained to avoid any possibility that an investigation will be compromised by delay."
Reference(s)
ILOAT Judgment(s): 2636
Keywords
delay; inquiry; case law; staff regulations and rules; investigation
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