Judgment No. 4158
The complaint is dismissed.
The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.
harassment; complaint dismissed
Where an organization establishes the existence of harassment, it should put an end to it as quickly as possible, restore the victim to a normal work situation and, if necessary, redress the injury caused. Ordinarily, this redress takes the form of monetary compensation for the injury suffered. It is self-evident that, according to the circumstances of each case, particular measures, for example supervision or support, may also be required. But an organization is only required to take such measures if they are essential or, at least, necessary.
With regard to damages, the complainant bears the burden of proof and she or he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6).
ILOAT Judgment(s): 1942, 2471, 3778
injury; moral injury; burden of proof
Inasmuch as the Director General dismissed the Joint Grievance Panel’s report, the Tribunal considers that it is not necessary to examine the complainant’s arguments concerning the irregularities which allegedly tainted this opinion. Indeed, since the latter was not taken into account by the Director General, the arguments in question are irrelevant.
The amount of compensation must be the subject of a specific examination, which takes into account all relevant factors, such as the seriousness, nature and duration of the injury suffered and also whether or not the organization withdrew the irregular decision and rectified the irregularity.
moral injury; burden of proof; compensation
The Tribunal notes that there is no rule which obliges the Organization to defray legal costs incurred in the context of internal appeal proceedings (see Judgments 2996, consideration 23, and 221, consideration 7).
ILOAT Judgment(s): 221, 2996
internal appeal; costs