Judgment No. 4691
Decision
1. The impugned decision of 20 May 2019 dismissing the complainant’s appeal is set aside.
2. The FAO shall pay the complainant 60,000 euros moral damages.
3. The FAO shall also pay him 8,000 euros costs.
4. All other claims are dismissed.
Summary
The complainant challenges the decision to close his complaint of harassment and abuse of authority.
Judgment keywords
Keywords
complaint allowed; harassment; abuse of power
Consideration 11
Extract:
[B]y framing the alleged harassing conduct involving an abuse of authority in the narrow way it did […] together with its consideration of specific issues or events in isolation, it is more likely than not that the OIG failed to consider whether the conduct as a whole involved an abuse of authority (see Judgment 2930, consideration 3) or, putting it slightly differently, whether the cumulative effect of the conduct could be reviewed as harassment and, specifically, an abuse of authority (see Judgment 4347, consideration 30).
Reference(s)
ILOAT Judgment(s): 2930, 4347
Keywords
harassment; investigation; abuse of power
Consideration 13
Extract:
[T]he complainant is entitled to moral damages for the moral injury he undoubtedly suffered as a result of the unlawful peremptory rejection of his complaint of harassment and particularly, abuse of authority and retribution about which, at this time, he obviously felt extremely strongly.
Keywords
harassment; moral damages; investigation
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