Judgment No. 4602
Decision
1. The impugned decision of the Director-General of 18 December 2019 is set aside to the extent stated in considerations 18 and 19 of the judgment.
2. The WTO shall pay the complainant 10,000 Swiss francs in moral damages.
3. The WTO shall also pay the complainant costs in the amount of 500 Swiss francs.
4. All other claims are dismissed.
Summary
The complainant challenges the decision not to award her material and moral damages as a victim of harassment and abuse of authority by her direct supervisor.
Judgment keywords
Keywords
complaint allowed; harassment; moral damages
Consideration 5
Extract:
According to the established case law, it is not for the Tribunal to make declarations of law of the nature sought (see, for example, Judgments 4246, consideration 11, 4245, consideration 9, 4244, consideration 8, 4243, consideration 27, 3876, consideration 2, and 3764, consideration 3).
Reference(s)
ILOAT Judgment(s): 3764, 3876, 4243, 4244, 4245, 4246
Keywords
declaration of law
Consideration 6
Extract:
[T]he complainant does not provide evidence that she is acting on delegation of authority from the colleagues concerned, and she does not therefore have legal standing to make these kinds of requests on their behalf (see Judgments 4550, consideration 19, 4104, consideration 3, 2676, consideration 6, and 1979, consideration 4).
Reference(s)
ILOAT Judgment(s): 1979, 2676, 4104, 4550
Keywords
cause of action; claim for other persons
Consideration 14
Extract:
[T]he WTO’s assertion, to the effect that no provision in the internal regulations, rules or policies directly provides for the possibility of a compensation to the individuals who filed a harassment complaint, is in tension with and indeed ignores its rather clear case law which recognises the right to such compensation when properly supported. In Judgment 4207, at consideration 15, adopted by all seven judges, the Tribunal wrote the following on this issue […].
These principles have been recognized by the Tribunal’s case law in a number of situations before that Judgment 4207 (see, for example, Judgments 3995, consideration 9, and 3965, considerations 9 and 10) as well as after that Judgment 4207 (see, for example, Judgments 4547, consideration 3, and 4541, consideration 4).
Reference(s)
ILOAT Judgment(s): 3965, 3995, 4207, 4541, 4547
Keywords
staff regulations and rules; compensation; harassment
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