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Judgment No. 2973

Decision

1. The Director-General's decision of 10 October 2008 is set aside to the extent that it did not award the complainant more than 10,000 Swiss francs as moral damages.
2. WHO shall pay the complainant moral damages in the amount of 30,000 francs, inclusive of the amount awarded by the Director-General.
3. It shall also pay her costs in the amount of 3,000 francs.
4. All other claims are dismissed.

Consideration 15

Extract:

Organisation's failure to fully investigate allegations of harassment.
"[T]he long delay seriously compromised the integrity of the investigative process. In addition to the diminishing recollection of events with the passage of time, potential witnesses are no longer available. As well, with the passage of time, it may be that those individuals in the Administration responsible for ensuring the protection of the staff member concerned are no longer with the Organization. If so, this would effectively preclude any accountability for the failure to protect a staff member if a finding of harassment were to be made."

Keywords

liability; delay; evidence; appraisal of evidence; lack of evidence; expert inquiry; inquiry; organisation's duties; breach; harassment

Consideration 18

Extract:

"By failing to deal with the informal complaints in a manner consistent with its own policy, by failing to conduct an investigation in a timely manner when a formal complaint was filed and then by terminating the investigation, WHO breached its duty of care toward the complainant and caused her serious injury."

Keywords

claim; moral injury; expert inquiry; inquiry; organisation's duties; written rule; breach; harassment; duty of care



 
Dernière mise à jour: 01.03.2013 ^ haut