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Judgment No. 3215


The complaint is dismissed.


As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.

Consideration 12


"As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."


ILOAT Judgment(s): 2804


injury; liability; evidence; burden of proof; general principle; negligence; organisation's duties; professional accident; working conditions; service-incurred; material damages

Judgment keywords


negligence; service-incurred; complaint dismissed

Consideration 10


Reference is made to decisions of this Tribunal which make it clear that an organisation is under a duty to investigate claims of harassment promptly and bona fide (see Judgments 2552, 2654 and 2910).


ILOAT Judgment(s): 2552, 2654, 2910


claim; time limit; harassment; investigation

Last updated: 13.10.2021 ^ top