Judgment No. 4541
Decision
1. The decision of the President of IFAD of 14 June 2018, and the decisions of the Director of the Human Resources Division of
2 March 2017 and 19 July 2017, are set aside.
2. IFAD shall pay the complainant moral damages in the amount of 40,000 euros.
3. It shall also pay her 6,000 euros in costs.
4. All other claims are dismissed.
Summary
The complainant challenges the decision not to notify her of the outcome of the investigation into her internal complaint of moral harassment, the decision not to send her the full report drawn up following that investigation, and the decision not to inform her of the outcome of her internal complaint.
Judgment keywords
Keywords
complaint allowed; disclosure of evidence; inquiry; harassment
Consideration 3
Extract:
The Tribunal [...] notes that the redacted investigation report was not sent to the complainant until after the JAB had made a recommendation to that effect in its report [...].
[...]
In those circumstances, [...] the fact that the complainant did not receive the investigation report until she was informed of the President’s final decision resulted in her being deprived of the opportunity to challenge the findings of the investigation effectively during the appeal proceedings before the JAB.
[T]he Tribunal must conclude that the procedure followed before the JAB was also unlawful in that the JAB was not provided with all the evidence which would have enabled it to give a fully informed decision on the internal appeal before it (see, to that effect, Judgment 1372, consideration 11). In consequence, the complainant was deprived of the right to have her internal appeal properly examined (on the obligation of any international organisation to ensure that the rules are correctly applied and due process followed, see, inter alia, Judgments 2219, 2654, 2700 and 3065).
Reference(s)
ILOAT Judgment(s): 1372, 2219, 2654, 2700, 3065
Keywords
report; disclosure of evidence; inquiry; harassment; internal procedure
Consideration 4
Extract:
[M]erely informing an international civil servant that disciplinary proceedings have been started against a supervisor
following an investigation into a complaint of harassment and that appropriate managerial measures have been taken [...] does not enable that civil servant to know whether the harassment she or he alleges has been recognised and, if so, how the organisation concerned intends to compensate her or him for the material or moral injury suffered (see, to that effect, Judgment 3965, consideration 9).
[...]
[T]he staff member who engaged the procedure, while not entitled to be informed of any measures taken against the alleged harasser, is entitled to a decision on the question of harassment itself (see [...] Judgment 3096, consideration 15) and, in consequence, to receive a reply from the administration concerning her or his harassment complaint (see, to that effect, Judgment 4207, consideration 15).
Reference(s)
ILOAT Judgment(s): 3096, 3965, 4207
Keywords
harassment; motivation; motivation of final decision
Consideration 8
Extract:
The Tribunal recalls [...] that the main factor in the recognition of harassment is the perception that the person concerned may reasonably and objectively have of repeated acts or remarks liable to demean or humiliate her or him (see, for example, Judgment 4241, consideration 9).
Reference(s)
ILOAT Judgment(s): 4241
Keywords
harassment
Consideration 11
Extract:
Although the complainant does not justify the amount of compensation claimed for moral injury, the Tribunal considers that the existence of such injury is apparent from the evidence in the file, the complainant’s ensuing health problems and the fact that she felt compelled to re-direct her career. In the circumstances of the case, Tribunal considers it fair to award the complainant moral damages in the amount of 40,000 euros.
Keywords
moral damages
Consideration 12
Extract:
[T]he Tribunal recalls its case law according to which costs in respect of the internal appeal proceedings may only be awarded under exceptional circumstances (see, in particular, Judgment 4217, consideration 12), which are not present in the instant case.
Reference(s)
ILOAT Judgment(s): 4217
Keywords
costs for internal appeal procedure
Consideration 13
Extract:
The complainant’s counsel requests that an amount corresponding to the fees and taxes which the complainant has undertaken to pay him be deducted from any monetary awards made to her and that such amount be paid to him. However, it is not for the Tribunal to concern itself with private arrangements made between complainants and their counsel (see Judgment 4072, consideration 21).
Reference(s)
ILOAT Judgment(s): 4072
Keywords
costs
Consideration 2
Extract:
In her rejoinder, the complainant further seeks the setting aside of the decision by the President of the Tribunal to stay the proceedings temporarily with a view to allowing the terms of an amicable settlement to be discussed.
However, no appeal lies from procedural decisions taken by the President of the Tribunal or by any other authority thereof in exercise of the authority granted to them under the Tribunal’s Statute and Rules.
The complainant’s request in her rejoinder must therefore be dismissed as irreceivable.
Keywords
procedure before the tribunal
Consideration 6
Extract:
[T]he Organisation [...] breached its obligation to give a staff member who complains of harassment by her or his supervisor a clear and definite reply regarding the existence and characterisation of the conduct complained of and any redress it intends to provide [...].
Keywords
organisation's duties; harassment
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