Judgment No. 4345

• Organization: International Atomic Energy Agency (IAEA)
• Date: 07.12.2020
• Original: English
• Judges: Hansen, Barbagallo, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to extend his temporary reassignment.

Judgment keywords

Keywords

reassignment; complaint dismissed

Consideration 5

Extract:

The Tribunal [...] finds that the IAEA did not breach its duty of care and stresses that it is not always possible to cater to the needs of each individual employee, as the product or result of the work being done is often justifiably considered a higher priority over the individual’s personal interests (see Judgments 2587, under 10, 3192, under 22, 3447, under 11, and 4316, under 18).

Reference(s)

ILOAT Judgment(s): 2587, 3192, 3447, 4316

Keywords

reassignment; duty of care

Consideration 6

Extract:

The complainant contends that the impugned decision is vitiated by abuse of authority[...]. This contention is unsubstantiated and the Tribunal’s consistent case law holds that bad faith cannot be assumed; it must be proven (see, for example, Judgments 4261, under 10, 4161, under 9, 3154, under 7, 3902, under 11, and 2800, under 21).

Reference(s)

ILOAT Judgment(s): 2800, 3154, 3902, 4161, 4261

Keywords

misuse of authority; bad faith; abuse of power

Consideration 8

Extract:

According to the Tribunal’s case law, decisions which appear to be managerially justified when taken individually, can amount to institutional harassment when the accumulation of repeated events of mismanagement or omissions, for which there is no reasonable explanation, deeply and adversely affect the staff member’s dignity and career objectives (see, for example, Judgments 3250, 4111 and 4243).

Reference(s)

ILOAT Judgment(s): 3250, 4111, 4243

Keywords

institutional harassment