Judgment No. 4213
1. The impugned decision is set aside.
2. The case is sent back to the Commission for a new decision to be taken in accordance with consideration 14 of the judgment.
3. The Commission shall pay the complainant 7,000 United States dollars in moral damages.
4. It shall also pay him 5,000 Swiss francs in costs.
5. All other claims are dismissed.
The complainant challenges the decision to reject his claims of harassment and constructive dismissal.
complaint allowed; decision quashed; case sent back to organisation; harassment; motivation
The Tribunal finds that the Executive Secretary did not give the reasons for his disagreement with the conclusions contained in the investigation report. Accordingly the impugned decision [...] must be set aside and the case sent back to the Commission for the Executive Secretary to take a new decision concerning the alleged harassment [...] and the linked issue of constructive dismissal.
case sent back to organisation