Judgment No. 3250
1. The impugned decision is set aside in accordance with consideration 12.
2. The ILO shall pay the complainant damages in the amount of 50,000 Swiss francs in addition to the 35,000 francs already awarded.
3. It shall also refund her the amount claimed in relation to the transitional allowance, plus interest at a rate of 5 per cent per annum from the date the money was reclaimed to the date it is refunded to the complainant.
4. It shall pay her costs in the amount of 1,500 Swiss francs.
5. All other claims are dismissed.
The complainant was recognized as a victim of institutional harassment.
"The Tribunal notes that intent is not a necessary element of harassment and, in this case, it is not a single episode which creates the problem, but instead it is the accumulation of repeated events which deeply and adversely affected the complainant’s dignity and career objectives. As such, the JAAB’s finding that “the long series of examples of mismanagement and omissions by the Office […] compromised [the complainant’s] dignity and career” is well founded and the Tribunal is of the opinion that this administrative wrongdoing can be defined as institutional harassment."
injury; professional injury; organisation's duties; respect for dignity; advisory opinion; harassment; institutional harassment
"While the conduct of management which is necessary and reasonable would not constitute harassment, the present case demonstrates how continued mismanagement showing gross negligence on the part of the Organization cannot justify any longer the “managerial need” for the repeated temporary transfers of the complainant which had an ill effect on her. Taken individually, the isolated incidents [...] can perhaps be considered as improper but managerially justified, but taken as a whole the effect is much more damaging to the complainant and can no longer be excused by administrative necessity."
injury; professional injury; negligence; organisation's duties; transfer; working conditions; harassment; institutional harassment
complaint allowed; decision quashed; organisation's duties; institutional harassment