Judgment No. 4091
1. The complaint is dismissed. In making this order the Tribunal is proceeding on the basis that the IAEA will pay the complainant 40,000 euros and reasonable legal costs on the provision of invoices as determined in the letter of 12 July 2016 unless these amounts have already been paid.
2. The IAEA’s counterclaim for costs is dismissed.
The complainant primarily challenges the amount of compensation offered to her by the IAEA in respect of a harassment complaint.
settlement out of court; compensation; harassment; complaint dismissed
[T]he complainant is asking the Tribunal to reweigh the evidence. As stated in Judgment 3593, under 12, the Tribunal has consistently held:
“[...] that it is not the Tribunal’s role to reweigh the evidence before an investigative body which, as the primary trier of fact, has had the benefit of actually seeing and hearing many of the persons involved, and of assessing the reliability of what they have said. For that reason such a body is entitled to considerable deference. So that where in the present case the Investigation Panel has heard evidence and made findings of fact based on its appreciation of that evidence and the correct application of the relevant rules and case law, the Tribunal will only interfere in the case of manifest error.”
(See also Judgments 3995, under 7, 3882, under 13, and 3682, under 8.)
ILOAT Judgment(s): 3593, 3682, 3882, 3995
internal appeals body; evidence; testimony; inquiry; disciplinary procedure; judicial review; manifest error; investigation