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Judgment No. 3831

Decision

1. The IAEA shall pay the complainant moral damages in the amount of 15,000 euros.
2. All other claims are dismissed.

Summary

The complainant challenges the decision to dismiss her allegations of harassment.

Judgment keywords

Keywords

complaint allowed; harassment

Consideration 10

Extract:

[W]hether the Appendix G procedures are comparable to those of other international organisations is irrelevant.

Keywords

rule of another organisation

Consideration 17

Extract:

A consideration of the [organisation]ís claim of confidentiality in this case is unnecessary. The fact that it voluntarily produced a copy of the [...] report with minimal redactions in its reply in these proceedings before the Tribunal completely undermines the claim of confidentiality.

Keywords

delay; confidential evidence; disclosure of evidence

Consideration 27

Extract:

Without more, a 25-month delay in the investigation of a harassment complaint is inordinate. However, it is also observed that the claim in the instant case was factually complex. It involved allegations against several individuals requiring a detailed examination of multiple alleged incidents spanning over a long period of time. It also involved a consideration by the [organisation] of voluminous documentation and multiple updates to the allegations. In addition, there were difficulties securing the availability of witnesses. In these circumstances, it cannot be said that the delay was unreasonable.

Keywords

internal appeal; delay

Consideration 28

Extract:

Where any internal appeal body has heard evidence and made findings of fact, the Tribunal will only interfere in the case of manifest error (see Judgment 3597, under 2, and the cases cited therein).

Reference(s)

ILOAT Judgment(s): 3597

Keywords

internal appeals body; evidence; manifest error

Consideration 29

Extract:

[T]his case illustrates the difficulties that accrue from a failure to disclose materials in a timely manner. In addition to compromising a staff memberís ability to challenge an administrative decision in the internal appeal, it also undermines the purpose of the pleadings and negatively impacts the adjudicative process before the Tribunal.

Keywords

confidential evidence; disclosure of evidence; due process

Consideration 30

Extract:

[T]he Tribunal recognizes that while it should not happen, an erroneous statement in a pleading may occur due to inadvertence. However, inadvertence cannot account for the complainantís multiple mischaracterizations of events and statements in reports in her pleadings. Additionally, the expression of overt hostility is disrespectful and has no place in pleadings.

Keywords

legal brief



 
Last updated: 02.09.2020 ^ top