Judgment No. 2654
1. The impugned decision is quashed.
2. The Organization shall pay the complainant a sum equivalent to two years' salary for injury under all heads, as stated in consideration 9.
3. It shall also pay her 2,000 euros in costs.
4. The complainant's other claims are dismissed.
The complainant requests that UNESCO recognise that she has been subjected to moral harassment and acknowledge all the repercussions this has had on her "human dignity and professional life". The Organization asks the Tribunal to find that there is no factual or legal basis to the complainant's claim that she notified the Administration of a case of moral harassment. The Tribunal considers "that the complainant did accuse her supervisor of harassment, and that the Organization, which was then under an obligation to initiate an objective inquiry into the validity of her accusations, failed to do so and has merely regretted the fact that it held no investigations.
By failing to conduct an inquiry to determine the validity of such serious accusations, the defendant breached both its duty of care towards one of its staff members and its duty of good governance, thereby depriving the complainant of her right to be given an opportunity to prove her allegations."
claim; complaint allowed; complaint allowed in part; burden of proof; inquiry; organisation's duties; respect for dignity; breach; career; working conditions; supervisor; working relations; condition; consequence; right; harassment; duty of care