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Judgment No. 3065

Decision

1. The impugned decision is set aside.
2. The ILO shall pay the complainant compensation in the amount of 20,000 Swiss francs for moral injury.
3. It shall also pay her 2,000 francs in costs.

Considerations 7 & 8

Extract:

An investigation was carried out into the complainant's allegations of harassment.
"The Tribunal notes that the evidence does not show that the complainant could have attended the witnesses' interviews, or that she was offered an opportunity to comment on their testimony, in order to have certain items of information rectified where necessary, or to have it put on record that she disagreed with witnesses. The Tribunal considers that even if, in the instant case, the investigator could not invite the complainant to attend all the interviews, she ought to have been allowed to see the testimony in order that she might challenge it, if necessary, by furnishing evidence. Since this was not the case, the Tribunal finds that the adversarial principle was not respected. It follows from the foregoing [...] that the [impugned] decision [...], which thus rested on a flawed investigation report, must be set aside."

Keywords

complaint allowed; report; decision quashed; evidence; testimony; inquiry; oral proceedings; adversarial proceedings; right to reply; duty to inform; breach; flaw; procedural flaw; mistake of fact; consequence; elements; harassment



 
Last updated: 27.09.2012 ^ top