Judgment No. 3108
1. The Director General's decision of 3 February 2010 is set aside as is his earlier decision of 15 september 2008.
2. The IAEA shall pay the complainant moral damages in the amount of 10,000 euros.
3. It shall also pay him costs in the amount of 1,000 euros.
4. All other claims are dismissed.
complaint allowed; decision quashed; retirement age
An internal appellate body is the primary fact-finding body in the internal appeals process. It is the body that sees and hears the witnesses and must assess the reliability of the evidence adduced. A full appreciation of the evidence can only occur in circumstances where individuals whose interests may have been adversely affected have an opportunity not only to be present to hear the evidence but also to test the evidence through cross-examination. As the Tribunal stated in Judgment 2513, under 11, "in the absence of special circumstances such as a compelling need to preserve confidentiality, internal appellate bodies such as the JAB must strictly observe the rules of due process and natural justice and [...] those rules normally require a full opportunity for interested parties to be present at the hearing of witnesses and to make full answer in defence".
Jugement(s) TAOIT: 2513
internal appeals body; evidence; due process; witness
Having submitted his application in good faith, the complainant was entitled to have it considered on its merits and in a timely manner. While it cannot be said that the complainant's contract would have been extended, the Agency's lack of diligence in its consideration of its application effectively foreclosed any possibility to have his contract extended. In these circumstances, he is not entitled to an award of the salary and benefits which he would have received if his contract had been extended as he has claimed. However, he is entitled to moral damages for the flaws identified.
moral injury; material damages; delay in internal procedure; retirement age