Judgment No. 4211
1. This matter is remitted to IOM to take such steps as are necessary to reach a motivated express final decision in relation to the complainantís claims of harassment and abuse of authority, and to communicate that decision to the complainant within 30 days from the date of the public delivery of this judgment.
2. IOM shall pay the complainant moral damages in the amount of 20,000 euros.
3. IOM shall pay the complainant costs in the amount of 7,000 euros.
4. All other claims are dismissed.
The complainant impugns what she considers to be an implied rejection of her claims of moral and sexual harassment and abuse of authority.
complaint allowed; internal remedies exhausted; case sent back to organisation; harassment; implied rejection of internal appeal
In the absence of any action having been taken following the closure of the investigation and having regard to IOMís statement that the complainant should have filed a complaint with the Tribunal within 90 days of IOMís notification of the closure of her case, the complainant was entitled to infer that an implied decision to dismiss her appeal had been taken. This inference can now be more readily drawn given that an express decision as of the date of the adoption of the present judgment has not been taken. Accordingly, the Tribunal concludes that the complaint is receivable.
absence of final decision; implied rejection of internal appeal
As a decision has not been taken, the matter will be remitted to IOM to take such steps as are necessary to reach a motivated express final decision in relation to the complainantís claims of harassment and abuse of authority. Upon receipt of such decision, it will be for the complainant to determine what action, if any, should be taken.
case sent back to organisation