Judgment No. 4015
The complaint is dismissed.
The complainant challenges the decision not to award him damages for the alleged leaking of confidential information concerning him.
damages; complaint dismissed
The complainant argues that if the FAO had taken all reasonable efforts to ensure the confidentiality of his appeal and if the FAO had adequate procedures in place to guarantee strict confidentiality of information, the information at issue would not have ended up with the newspaper. This argument is fundamentally flawed. In the absence of any other evidence, the fact alone that the newspaper acquired some information about the complainant’s request for compensation does not prove negligence on the part of the FAO or that it breached its duty of care. Moreover, the complainant has not adduced any evidence that would support a finding of negligence or a breach of the FAO’s duty of care.
duty of care
[I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.
moral injury; delay; internal procedure
[I]n his brief, the complainant attempted to incorporate by reference his pleading in the internal appeal process. The Tribunal has on many occasions stated that it is not acceptable to incorporate by reference into the pleadings before the Tribunal arguments, contentions and pleas contained in documents created for the purposes of internal review and appeal (see Judgment 3920, under 5, and judgments cited therein). Accordingly the Tribunal did not have regard to those documents.
ILOAT Judgment(s): 3920