Judgment No. 4614
1. The impugned decision of 27 September 2019 is set aside.
2. The Energy Charter Conference shall pay the complainant 10,000 euros as moral damages.
3. The Energy Charter Conference shall pay the complainant 8,000 euros costs.
4. All other claims are dismissed.
The complainant contests the decision to reject her harassment claim.
complaint allowed; harassment
[T]he impugned decision should be set aside. Given the effluxion of time and the fact that the complainant no longer works for the organisation and would no longer need protection from any harassment (see, for example, Judgment 4286, consideration 19), it is not appropriate to remit the matter to the organisation to reconsider the complainant’s harassment grievance. In any event, she does not seek such an order. As the moral injury is evident from the circumstances of the case, the complainant is entitled to moral damages (see Judgment 4541, consideration 11).
ILOAT Judgment(s): 4286, 4541
compensation; harassment; moral damages