Judgment No. 4454
1. UNWTO shall pay the complainant 10,000 euros moral damages.
2. UNWTO shall pay the complainant 8,000 euros costs
3. All other claims are dismissed, as is the counterclaim for costs.
The complainant contests the decisions to reject his allegations of misconduct on the part of the Secretary-General.
complaint allowed; misconduct
The complainant seeks the joinder of this complaint with his first, second and third complaints. The joinder is opposed by UNWTO. While the facts in these complaints are part of the same continuum of events, the legal issues raised are quite discrete. Accordingly, the complaints will not be joined (see, for example, Judgment 4169, consideration 1).
Jugement(s) TAOIT: 4169
In its pleas UNWTO challenges the receivability of the complaint on the basis that there was no relevant administrative decision by the Ethics Officer. At least implicitly there was (see, for example, Judgment 3747, consideration 5), and it involved a determination that there had been no harassment or retaliation, which was manifest by the decision to close, and thus finalise, the complaints.
Jugement(s) TAOIT: 3747
harassment; administrative decision; investigation
The complainant is entitled to moral damages for the failure of the JAC to perform its role and determine, according to law, the complainant’s appeal with the result that his challenge to the closure of the complaints remains unresolved in its entirety.
moral injury; internal appeals body