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Judgment No. 2371

Decision

1. The ILO shall pay the complainant 30,000 Swiss francs in compensation for moral injury.
2. It shall pay him 6,000 francs for costs incurred before the Tribunal and 2,000 francs for costs incurred in the course of the internal appeal proceedings.
3. All other claims are dismissed.

Consideration 13

Extract:

One of the complainant's subordinates submitted a grievance for moral harassment against him. The Ombudsperson circulated her report thereby disclosing the accusations against the complainant to persons who were not entitled to be informed of them. "Had this report been seen only by the persons entitled to receive it, it might not have injured the complainant's reputation, given that it was issued by an authority of the Organization which had no power of decision. However, as pointed out above, the whole of the report was communicated to persons who were not entitled to see it and there is no doubt that this disclosure, which was contrary to the obligation of confidentiality by which the Ombudsperson is bound pursuant to Article 13.15, paragraph 9, of the Staff Regulations, caused the complainant injury warranting compensation, even though the report was circulated 'on a confidential basis'."

Reference(s)

Organization rules reference: Article 13.15, paragraph 9, of the Staff Regulations

Keywords

complaint allowed; complaint allowed in part; injury; moral injury; international civil servant; internal appeals body; advisory body; report; confidential evidence; communication to third party; organisation's duties; staff regulations and rules; breach; supervisor; compensation; request by a party; harassment

Consideration 14

Extract:

One of the complainant's subordinates submitted a grievance for moral harassment against him. The Ombudsperson circulated her report thereby disclosing the accusations against the complainant to persons who were not entitled to be informed of them. "The Tribunal acknowledges the efforts made by the Office, as is its duty, to protect the reputation of a staff member (see, for example, Judgment 1619). But it notes that the defendant was under no obligation to seek the complainant's agreement as to the form and the terms of the communication to be sent to the recipients of the Ombudsperson's report and to those who subsequently indicated publicly that they had had knowledge of the report's conclusions. The Tribunal will not issue any injunction in this respect, but will leave it to the defendant to inform the recipients of the Ombudsperson's report, through whatever channels it deems appropriate, that it was regrettable that the report, which should have remained confidential and which concerns persons who were entitled to the protection of that confidentiality, should have been unlawfully circulated, which was all the more serious for the fact that some of its content was defamatory."

Reference(s)

ILOAT Judgment(s): 1619

Keywords

claim; complaint allowed; complaint allowed in part; international civil servant; organisation; internal appeals body; advisory body; report; confidential evidence; communication to third party; organisation's duties; supervisor; discretion; right; harassment



 
Last updated: 12.08.2013 ^ top