Judgment No. 3104
1. The impugned decision of 15 October 2009 as well as the previous decision of 27 January 2009 are set aside to the extent that they did not provide a contract extension of two years.
2. The IAEA shall pay the complainant material damages in an amount equivalent to what she would have earned had her contract been extended for two years, including all salaries, allowances, emoluments, entitlements and pension benefits plus interest at 5 per cent per annum from due dates, less any sums earned by the complainant during that period.
3. The Agency shall pay the complainant moral damages in the amount of 15,000 euros.
4. It shall also pay her costs in the amount of 5,000 euros.
5. All other claims are dismissed.
"[T]he fact that the complainant was not given enough work upon her return from sick leave, which led her to feel marginalised and humiliated, offended her dignity and constitutes an element of the breach of duty of care."
organisation's duties; respect for dignity; refusal to assign work; sick leave; duty of care
complaint allowed; decision quashed; duty of care