Judgment No. 3089

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 08.02.2012
• Original: English
• Judges: Gaudron, Barbagallo, Hansen
• Full judgment text - Full judgment text (french)

Decision

1. The decision of the Director-General of 21 August 2009 is set aside.
2. The matter is remitted to the Director-General for an investigation of the complaint of 30 June 2004 in accordance with the FAO Policy on the Prevention of Harassment, such investigation to commence within 40 days of the date of this judgment.
3. The FAO shall pay the complainant moral damages in the amount of 4,000 euros.
4. It shall also pay her costs in the amount of 1,000 euros.
5. All other claims are dismissed.

Consideration 7

Extract:

"An implied decision occurs only when a person who has submitted a claim is entitled to treat delay, inactivity or some other failure as constituting a decision to reject his or her claim and elects to do so."

Keywords

implied decision; failure to answer claim; definition

Judgment keywords

Keywords

complaint allowed; decision quashed; case sent back to organisation; harassment