Judgment No. 3215

• Organization: International Atomic Energy Agency (IAEA)
• Date: 04.07.2013
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

As the complainant did not exhaust internal remedies concerning her claim of harassment and failed to prove negligence on the part of IAEA, the Tribunal dismissed her complaint.

Consideration 12

Extract:

"As discussed in Judgment 2804, negligence is the failure to take reasonable steps to prevent a foreseeable risk of injury. Liability in negligence is occasioned when the failure to take such steps causes an injury that was foreseeable. A person seeking damages for negligence bears the burden of establishing the factual foundation on which the claim is based."

Reference(s)

ILOAT Judgment(s): 2804

Keywords

injury; liability; evidence; burden of proof; general principle; negligence; organisation's duties; professional accident; working conditions; service-incurred; material damages

Judgment keywords

Keywords

negligence; service-incurred; complaint dismissed

Consideration 10

Extract:

Reference is made to decisions of this Tribunal which make it clear that an organisation is under a duty to investigate claims of harassment promptly and bona fide (see Judgments 2552, 2654 and 2910).

Reference(s)

ILOAT Judgment(s): 2552, 2654, 2910

Keywords

claim; time limit; harassment; investigation