Judgment No. 3196
1. The decision is dismissed.
2. UNIDO's counterclaim to sanction the complainant for abuse of process is also dismissed.
3. UNIDO is authorised to deduct the amount of 750 euros, plus interest at the rate of 5 per cent per annum from 19 February 2009, from any current or future payments due to the complainant, as indicated in the judgment, under 7.
The complainant impugns the implicit rejection of her request for disclosure of a medical report.
"Although the complaint must be dismissed, the Tribunal will not entertain the Organization’s counterclaim to sanction the complainant for abuse of process. Indeed, whilst her unsubstantiated allegations of fraudulent manipulation and misrepresentation are inappropriate, they do not prove bad faith in and of themselves, and as such do not constitute an exceptional circumstance meriting the imposition of costs on the complainant (see Judgment 1962, under 4)."
ILOAT Judgment(s): 1962
exception; vexatious complaint; costs; counterclaim; condition