Judgment No. 2757
1. The Prosecutor's decision of 13 July 2007 is set aside, as is his earlier decision of 11 April 2007.
2. The ICC shall pay the complainant his net base salary and post adjustment from 13 April 2007 until 30 June 2007, as well as repatriation grant and other benefits payable on the basis that his contract would have expired on 30 June 2007, together with interest at the rate of 5 per cent per annum from due dates until the date of payment. The complainant is to give credit for any earnings from employment in that period.
3. The Court shall pay the complainant an amount equivalent to two years' net base salary and allowances in material damages, and 25,000 euros in moral damages.
4. It shall also pay him 5,000 euros in costs.
5. The complaint is otherwise dismissed.
"In the context of 'serious misconduct', the question whether a statement was made falsely is not simply whether the statement is true or false. A statement made innocently, which turns out to be false, does not constitute serious misconduct. A statement is made innocently if the person concerned honestly believes on reasonable grounds that the statement is true. Conversely, for the purposes of serious misconduct, a statement is falsely made if it is both untrue and the person concerned did not believe on reasonable grounds that it was true."
grounds; misrepresentation; intention of parties; serious misconduct; judicial review; definition
"In determining whether a statement is objectively true or false, it is necessary to have regard to the statement actually made. The same is necessary when deciding whether the person who made the statement believed on reasonable grounds that it was true. In that process, regard must be had to the whole statement, not selected excerpts or [...] a single excerpt."
grounds; misrepresentation; judicial review
"Malice is generally described either as the absence of good faith or as acting from improper motive. Frequently, the absence of a belief on reasonable grounds is sufficient to base an inference of malice. So, too, is the communication of information that is defamatory of a person to those who do not have a legitimate interest in obtaining that information."
grounds; communication to third party; good faith; intention of parties; definition
"[I]t is a fundamental aspect of due process that a person should not take a decision in a matter in which he or she has a personal interest. [However, in] some circumstances, necessity will direct that a decision be taken by a person with a direct personal interest in the outcome."
decision; settlement out of court; exception; due process; staff member's interest; organisation's interest; bias; safeguard
In the absence of evidence justifying a finding of either falsity [...] or malice, the impugned decision must be set aside, as must the earlier summary dismissal decision. However and because they are relevant to the claim for moral damages, it is necessary to consider two further matters.