Judgment No. 4468

• Organization: International Atomic Energy Agency (IAEA)
• Date: 27.01.2022
• Original: English
• Judges: Moore, Rawlins, De Nictolis
• Full judgment text - Full judgment text (french)

Decision

1. The impugned decision is set aside.
2. The case is referred back to the IAEA in accordance with consideration 7 of the judgment.
3. The IAEA shall pay the complainant 1,500 euros in costs.
4. All other claims are dismissed.

Summary

The complainant challenges the decision refusing to submit the alleged increase in her whole person impairment rating to the Medical Board and to reject her claim for compensation based on this alleged increase.

Judgment keywords

Keywords

complaint allowed; case sent back to organisation; patere legem; service-incurred

Consideration 1

Extract:

The complainant requests oral proceedings. Pursuant to Article V of the Statute of the Tribunal, “[t]he Tribunal, at its discretion, may decide or decline to hold oral proceedings, including upon request of a party”. In the case at hand, the Tribunal finds the written submissions to be sufficient to reach a reasoned decision, thus there is no need for oral proceedings.

Keywords

oral proceedings

Consideration 8

Extract:

The complainant seeks the payment of moral damages. However, she fails to specify the relevant grounds and the amount. As the Tribunal’s case law requires that moral damages must be proven, this claim shall be dismissed (see, for example, Judgment 4156, consideration 5).

Reference(s)

ILOAT Judgment(s): 4156

Keywords

moral injury