Judgment No. 4578
Decision
1. The impugned decision, dated 1 December 2021, is set aside.
2. The matter is remitted to ITU in accordance with consideration 9 of this judgment.
3. ITU shall pay the complainant costs in the amount of 8,000 Swiss francs.
4. ITU shall also pay the complainant the costs he incurred in the internal appeal proceedings as indicated in consideration 11 of this judgment.
5. All other claims are dismissed.
Summary
The complainant challenges the decision not to investigate his allegations of harassment.
Judgment keywords
Keywords
complaint allowed; case sent back to organisation; harassment; investigation
Consideration 9
Extract:
Having set aside the impugned decision, the Tribunal will remit the case to ITU in order that the complainant’s harassment complaint can be investigated in accordance with the applicable rules and the Tribunal’s case law. The investigation shall commence within sixty days of the public delivery of this judgment.
Keywords
case sent back to organisation
Consideration 10
Extract:
As the complainant has not substantiated his allegations that the decision to close the case was taken for an improper purpose amounting to abuse of authority (see, for example, Judgments 3939, consideration 10, and 3172, consideration 16) or that it was based on bias (see, for example, Judgment 4010, consideration 9); that it was tainted by personal prejudice (see, for example, Judgment 3912, consideration 13) or bad faith (see, for example, Judgment 3902, consideration 11), there is no basis on which to grant exemplary damages which he claims (see, for example, Judgment 3092, consideration 16).
Reference(s)
ILOAT Judgment(s): 3092, 3172, 3902, 3912, 3939, 4010
Keywords
exemplary damages
Consideration 11
Extract:
Based on the complainant’s counsel’s explanation that the complainant was ill and could not defend himself, as well as the medical certificates he provides stating that the complainant experienced difficulties concentrating and with his memory, the Tribunal concludes that there were exceptional circumstances for awarding costs to him in respect of the internal appeal proceedings. Accordingly, ITU will be ordered to reimburse the costs the complainant incurred up to 3,500 Swiss francs upon his presentation of the related receipts.
Keywords
costs for internal appeal procedure
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