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Judgment No. 3188

Decision

1. The IAEA shall pay the complainant the amount of 5,000 euros in compensation for moral injury.
2. It shall also pay the complainant 2,000 euros in costs.
3. The complaint is otherwise dismissed.

Summary

The complainant challenges the decisions not to update her job description, not to select her for a G-6 position and her alleged subsequent demotion.

Consideration 5

Extract:

"It is well settled in the Tribunal’s case law that a failure to respond to a legitimate request of a staff member within a reasonable time may be deemed to be a refusal of the request if the staff member elects to accept that refusal. Additionally, egregious delay in responding to a reasonable request may involve a breach of the obligation to deal with the staff member in good faith. In the present case, the failure of the IAEA to provide the complainant with an updated job description over several years involved a violation of her rights for which she is entitled to compensation."

Keywords

complaint allowed; complaint allowed in part; moral injury; good faith; organisation's duties; terms of appointment; compensation; refusal; request by a party

Consideration 25

Extract:

"As the Tribunal has repeatedly observed, internal appeals must be conducted with due diligence and with regard to the care owed by an international organisation to its staff (see for example Judgment 2522, under 7). While the time an appeal might reasonably take will often depend on the particular circumstances of a given case, it has been said by the Tribunal in Judgment 2902, under 16, that “by any standards a delay of nearly 19 months to complete the internal appeal process is unreasonable”."

Reference(s)

ILOAT Judgment(s): 2522, 2902

Keywords

procedure; complaint allowed; complaint allowed in part; moral injury; internal appeal; time limit; delay; reasonable time; organisation's duties; staff member's interest; duty of care



 
Last updated: 03.11.2015 ^ top