Judgment No. 3055
Decision
1. The decision of 27 November 2009 is set aside.
2. The IAEA shall pay the complainant compensation in an amount equal to what he would have received if his appointment had continued until 14 June 2007, including salaries and all emoluments, benefits, entitlements and allowances, together with interest at the rate of 5 per cent per annum from due dates until the date of payment.
3. The Agency shall pay the complainant the sum of 20,000 euros by way of material and moral damages.
4. It shall also pay him 1,000 euros by way of costs.
5. All other claims are dismissed.
Consideration 11
Extract:
"[A]s a general rule, an organisation should refrain from passing on damaging information about a staff member. If the recipient of that information has a legitimate interest in knowing the truth [...] it should refrain from passing on damaging information without first giving the staff member an opportunity to challenge it and give his or her own account."
Keywords
injury; professional injury; communication to third party; right to reply; organisation's duties; staff member's interest; rebuttal; duty of discretion; duty of care
Judgment keywords
Keywords
complaint allowed; decision quashed; separation from service; budgetary reasons; termination of employment
Consideration 7
Extract:
Consistent with the Tribunal’s case law that “it will not order the production of documents on the speculative basis that something might be found to further the complainant’s case” (Judgment 2510, under 7), the complainant’s application is refused.
Reference(s)
ILOAT Judgment(s): 2510
Keywords
adversarial proceedings; duty to inform; right to be heard
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