Judgment No. 2197
1. THE COMPLAINT IS ALLOWED IN PART ONLY AND THE ORGANIZATION IS ORDERED TO PAY TO THE COMPLAINANT THE SUM OF 3,000 EUROS IN DAMAGES AND 1,000 EUROS IN COSTS.
2. ALL OTHER CLAIMS ARE DISMISSED.
"Since compliance with internal appeal procedures is a condition precedent to access to the tribunal, an organisation has a positive obligation to see to it that such procedures move forward with reasonable speed. Here, while the [Joint Appeals] Board, once the meetings had started, came to its conclusion fairly quickly, there can be no valid excuse to justify the delay of over twenty months between the filing of the internal appeal and the start of the hearings. No doubt some of this was due to the complainant herself and the long convoluted and complicated nature of her pleadings, which frequently contradict themselves, but [the organization] cannot escape responsibility for the inordinate amount of time taken." The Tribunal awards 3 000 euros in damages.
Jugement(s) TAOIT: 2072
moral injury; internal appeals body; administrative delay; internal appeal; internal remedies exhausted; delay; oral proceedings; organisation's duties; staff member's duties; material damages