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Defamation (755,-666)

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Keywords: Defamation
Total judgments found: 6

  • Judgment 4148


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on her the disciplinary measure of suspension without pay for five working days.

    Consideration 7

    Extract:

    If comments by a staff member made in the context of a debate about employment matters are defamatory of another staff member (in the sense that the comments have injured a person’s reputation or tarnished her or his good name), the fact that they are defamatory does not, by itself, deny the staff member making the comments the protection afforded by the principle of freedom of association. So much is apparent from the observations of the Tribunal in Judgment 3106, consideration 9. In that judgment the Tribunal noted in consideration 8 (citing Judgment 274, consideration 22) that the existence of a freedom of discussion and debate, inherent in the freedom of association, can have the consequence that when feelings run strong the discussion and debate can spill over into extravagant and even regrettable language. There are, of course, limits on the freedom of discussion and debate that the Tribunal noted in consideration 8 of Judgment 3106. In the present case, the GBA and the Director-General did take into account the complainant’s right to freedom of expression within the umbrella of the freedom of association but found that the language was inappropriate. However, the complainant clearly had strong and not obviously illegitimate views about the procedure finally adopted involving the use of the Clinical Attendance Memo form and the role of the President of the Staff Association as a member of the working group. The complainant was able to criticise him and was not obliged to do so, within the umbrella of the freedom of discussion and debate inherent in the freedom of association, in entirely temperate or polite language. The Tribunal is satisfied that what the complainant said was comprehended by her right to freedom of association and was thus not misconduct.

    Reference(s)

    ILOAT Judgment(s): 274, 3106

    Keywords:

    defamation; freedom of association; freedom of speech;



  • Judgment 4012


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him compensation for the harm allegedly caused to him by the fact that emails that he considers to be defamatory were stored in a folder accessible to all users of the FAO’s IT network.

    Judgment keywords

    Keywords:

    compensation; complaint dismissed; defamation;



  • Judgment 3882


    124th Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him with immediate effect for misconduct.

    Consideration 23

    Extract:

    The complainant alleges that inter-personal issues between him and his supervisor escalated into a campaign of defamation against him. However, he has not substantiated this allegation. Neither has he substantiated his further allegation that he was harassed and mobbed. He did not follow the internal procedures for lodging a formal complaint. Neither has he substantiated his allegation that serious procedural flaws in the course of the disciplinary proceedings amounted to harassment. Accordingly, these grounds of the complaint are unfounded.

    Keywords:

    defamation; harassment;



  • Judgment 3166


    114th Session, 2013
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.

    Judgment keywords

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; defamation; harassment;



  • Judgment 3106


    113th Session, 2012
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The second aspect of freedom of association that is relevant to the present case is that it necessarily involves freedom of discussion and debate. It was pointed out in Judgment 274, under 22, that “this freedom, when feelings run strong [...] can spill over into extravagant and even regrettable language”. This notwithstanding, the Tribunal has acknowledged that the freedom of discussion and debate is not absolute and that there may be cases in which an organisation can intervene if, for example, there is “gross abuse of the right to freedom of expression or lack of protection of the individual interests of persons affected by remarks that are ill-intentioned, defamatory or which concern their private lives” (see Judgment 2227, under 7). Within this context, it is convenient to consider the allegedly defamatory nature of the e-mail in question.

    Reference(s)

    ILOAT Judgment(s): 274, 2227

    Keywords:

    defamation; definition; freedom of association;



  • Judgment 2751


    105th Session, 2008
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant represented three colleagues whose complaints to the Tribunal led to Judgment 2514. In its replies the Organisation had made defamatory statements on the complainant. "[T]he EPO [...] contends that the complaint is irreceivable to the extent of the claim for retraction of the defamatory statements. In this regard, it relies on Judgment 1635 where the Tribunal explained that it was not competent to order a written apology, as requested in that case. In Judgment 2720, also delivered this day, the Tribunal recognised, under 17, that publication of statements defamatory of a staff member by an international organisation gives rise to a continuous obligation to take steps to remedy, as far as possible, the harm done to the staff member's reputation. Moreover, the Tribunal held in that case that it could order performance of that obligation pursuant to Article VIII of its Statute. Accordingly, it is not correct to say that it is beyond the competence of the Tribunal to order the retraction of a defamatory statement."

    Reference(s)

    ILOAT reference: Article VIII of the Statute
    ILOAT Judgment(s): 1635, 2514, 2720

    Keywords:

    apology; competence of tribunal; defamation; iloat statute; moral injury; order; receivability of the complaint; respect for dignity; staff representative;


 
Last updated: 23.09.2021 ^ top