Judgment No. 3315
1. The decisions contained in the letter of the Director-General dated 21 October 2011, so far as they relate to HBA Appeal No. 741 and HBA Appeal No. 766, are set aside.
2. The Organization shall expunge the letters of 20 October 2008 and 3 April 2009 from the complainantís personal file.
3. The Organization shall pay the complainant compensation for moral injury in the amount of 65,000 United States dollars.
4. The Organization shall pay the complainant 3,000 dollars in costs.
5. The complaints are otherwise dismissed.
The complainant seeks damages for the injury arising from breach of due process and institutional harassment.
due process; breach; harassment
The Tribunal has stated, in Judgment 3250, under 9, that where a specific intentional example of institutional harassment is not identifiable, a long series of examples of mismanagement and omissions by an organisation, which compromises the dignity and career of an employee, may represent institutional harassment. The complainantís receivable grounds, which are set out in consideration 21 of this judgment, and the allegations proffered in support, if proved, can individually and compendiously be bases for institutional harassment. Her appeal, which was filed on 25 April 2010, could not have been out of time when one of her grounds of appeal is, in effect, that she had been and still was being prejudicially denied a fair chance of employment in the Organization.
ILOAT Judgment(s): 3250
The complainant claims material damages but has adduced no evidence of actual injury as a result of an unlawful act in order to obtain such damages, notwithstanding that the events in question occurred some years before she filed her complaint. Accordingly, the Tribunal does not award material damages. There is no ground for the award of exemplary damages. However, the complainant is entitled to moral damages for the flagrant breach of due process, as well as for the institutional harassment which she sustained. These are grave violations, for which the complainant is accordingly awarded moral damages in the sum of 65,000 United States dollars. She is also awarded 3,000 dollars in costs.
damages; due process; breach; harassment