Judgment No. 3215
The complaint is dismissed.
As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.
"As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."
ILOAT Judgment(s): 2804
injury; liability; evidence; burden of proof; general principle; negligence; organisation's duties; professional accident; working conditions; service-incurred; material damages
internal remedies not exhausted; complaint dismissed