Judgment No. 2521

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 01.02.2006
• Original: English
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Consideration 10

Extract:

In a case of moral harassment, the existence of "other complaints [...] might [...] support [...] the claim of harassment, but the absence of complaint could not be used to support the contrary proposition."

Keywords

complaint; moral injury; evidence; lack of evidence; organisation's duties; respect for dignity; subsidiary; harassment

Consideration 12

Extract:

"The Tribunal has frequently pointed out that it is for the person alleging harassment to prove specific facts supporting that allegation (see Judgments 2067, 2100, 2370 and 2406). [...] As with the facts relied on to establish harassment, it is for the person making the allegation to establish that the acts or decisions in question were accompanied by some purpose or attitude which allows them to be so characterised."

Reference(s)

ILOAT Judgment(s): 2067, 2100, 2370, 2406

Keywords

decision; moral injury; evidence; burden of proof; case law; organisation's duties; respect for dignity; harassment