Judgment No. 3400
1. The impugned decision of 25 April 2012, and that of 6 March 2012 insofar as it related to the 2009 PAAR, are set aside.
2. The complainant’s 2009 PAAR shall be removed from her personnel file.
3. The FAO shall pay the complainant 30,000 euros as moral damages.
4. It shall also pay the complainant 1,000 euros in costs.
5. All other claims are dismissed.
The complainant successfully challenges the decision in relation to the FAO's response to her harassment claim and her performance appraisal for 2009.
complaint allowed; joinder; decision quashed; performance report; harassment
[T]he report of the Committee manifests a comprehensive and thoughtful consideration of the evidence and applicable principles. Its conclusions are rational and balanced. In these circumstances its findings warrant “considerable deference” (see Judgment 2295, consideration 10).
Jugement(s) TAOIT: 2295
internal appeals body
[T]he Tribunal is satisfied there was harassment involving continual unjustified and unnecessary comments and deliberate insults relating to the complainant’s professional competence.
Whether behaviour is improper or not depends on the content of the behaviour, not intention. At least ordinarily, whether the behaviour is directed at and whether it is offensive to another person does not, again, depend on intention or at least an intention to harass. Also the definition allows for the possibility that the person engaging in the improper behaviour did not know it was offensive but ought reasonably to have known. At least in this latter circumstance, intention would be irrelevant. These comments broadly correspond with the jurisprudence of the Tribunal on the question of mobbing (see, for example, Judgment 2524, consideration 25).
Jugement(s) TAOIT: 2524
intention of parties; harassment; sexual harassment