Jugement n° 4776
Décision
1. The impugned decision is set aside.
2. The FAO shall pay the complainant 8,000 euros costs.
3. All other claims are dismissed.
Synthèse
The complainant challenges the decision to close his harassment complaint after a preliminary review.
Mots-clés du jugement
Mots-clés
Requête admise; Harcèlement; Enquête; Rapport d'enquête
Considérant 11
Extrait:
At least in this respect the preliminary review transmogrified into a full investigation. In these circumstances the complainant was entitled to be provided with a copy of the preliminary review report, as he requested on 3 December 2019 after having been informed on 20 November 2019 that the Inspector General ad interim had decided to close his harassment complaint. Consistent with Judgment 4471, he was entitled to review the report and, in particular, what was said in the report about the results of interviews by the external examiner with others and the conclusions reached.
Référence(s)
ILOAT Judgment(s): 4471
Mots-clés
Production des preuves; Rapport d'enquête
Considérant 14
Extrait:
The complainant seeks moral damages for reasons including the failure to carry out a formal investigation, the long duration of the preliminary investigation, the effect of the harassment and abuse of authority on his health, his professional career, reputation and personal life. This last-mentioned claim is based on the premise that he was the subject of harassment and abuse of authority. This is untested and unproved. As to the other aspects of his claim for moral damages, their foundation is simply asserted and not proved. This is insufficient (see, for example, Judgment 4644, consideration 7).
Référence(s)
ILOAT Judgment(s): 4644
Mots-clés
Indemnité pour tort moral; Enquête
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