Judgment No. 3593
1. The impugned decision is set aside.
2. The FAO shall pay the complainant damages in the sum of 200,000 United States dollars.
3. It shall also pay him costs in the amount of 800 United States dollars.
4. All other claims are dismissed.
5. The application to intervene is dismissed.
The complainant impugns the Director-General’s decision to reject his complaint of harassment and retaliation.
complaint allowed; decision quashed; harassment
[T]he Tribunal has consistently stated, as in Judgment 2295, under 10, for example, that it is not the Tribunal’s role to reweigh the evidence before an investigative body which, as the primary trier of fact, has had the benefit of actually seeing and hearing many of the persons involved, and of assessing the reliability of what they have said. For that reason such a body is entitled to considerable deference. So that where in the present case the Investigation Panel has heard evidence and made findings of fact based on its appreciation of that evidence and the correct application of the relevant rules and case law, the Tribunal will only interfere in the case of manifest error.
Jugement(s) TAOIT: 2295
judicial review; harassment