Judgment No. 3286
1. The impugned decision of 11 July 2011 is set aside to the extent explained in the judgment.
2. The IAEA shall pay the complainant a total amount of 35,000 euros as moral damages.
3. The IAEA shall pay the complainant 6,000 euros in costs.
4. All other claims are dismissed.
Non-extension of a fixed-term contract. Failure to investigate allegations of harassment.
complaint allowed; unsatisfactory service
"Even if the complainant was perceived to be a difficult staff member to deal with and was perceived to have been performing unsatisfactorily in fairly fundamental ways, she was entitled to have the unsatisfactory performance procedures followed and probably well before the decision was taken not to renew her contract [...]."
organisation's duties; non-renewal of contract; unsatisfactory service
The Tribunal rejected the complainant's claim for exemplary damages.
"No analysis was made by the complainant to demonstrate that there had been bias, ill will, malice, bad faith or other improper purpose, being the bases upon which exemplary damages might be awarded (see, for example, Judgment 3092, consideration 16)."
ILOAT Judgment(s): 3092
burden of proof; lack of evidence; punitive damages