Judgment No. 2370
1. The Director-General's decision of 18 November 2002 is set aside.
2. The case is referred back to the Organization for a new decision to be taken under the conditions and with the reservation indicated under 18.
3. The Organization shall pay the complainant 7,000 Swiss francs in costs.
4. All other claims are dismissed.
The complainant submitted a grievance alleging moral harassment to the Joint Panel. The Tribunal considers that "the Joint Panel's conclusions were not based on all the circumstances which should have been taken into consideration in order to enable the deciding authority to take a decision in full knowledge of the facts. The Director General's decision [...], informing the complainant that, since the Joint Panel had reached the conclusion 'that the various aspects of [her] supervisor's conduct [did] not constitute harassment' the Office could not allow her 'harassment claim', must therefore be set aside and the case must be sent back to the Organization and referred again to the Joint Panel, unless a settlement is reached between the complainant and the Office."
claim; decision; internal appeals body; internal appeal; settlement out of court; exception; conduct; supervisor; executive head; disregard of essential fact; refusal