Breach of confidentiality (887,-666)

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Keywords: Breach of confidentiality
Total judgments found: 6

• Judgment 4859

  
  138th Session, 2024
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision to summarily dismiss him for serious misconduct.

  Consideration 14

  Extract:

  The Tribunal notes that the failure to respect confidentiality, even if it were proven, is not a decisive flaw in the proceedings which would justify the setting aside of the disciplinary decision. The breach of confidentiality, if proven, might only arguably entitle the complainant to moral damages.
  […]
  In conclusion, there is neither evidence that UNAIDS failed to follow the proper procedures to ensure the confidentiality of the investigation nor of how the rumours were started, thus, no legal consequences arise (see Judgment 3236, consideration 14). Since there is no persuasive evidence that the Organization was responsible for the unauthorized disclosure of information, the leak cannot be considered as part of a pattern of retaliation, and the complainant is not entitled to moral damages for breach of confidentiality.

  Reference(s)

  ILOAT Judgment(s): 3236
  

  Keywords:

  breach of confidentiality; disciplinary procedure; flaw; moral damages;
  

  
  
  

• Judgment 4858

  
  138th Session, 2024
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision to summarily dismiss her for serious misconduct.

  Consideration 14

  Extract:

  The Tribunal notes that the failure to respect confidentiality, even if it were proven, does not amount to a conclusive flaw in the proceedings which would justify the setting aside of the disciplinary decision. The breach of confidentiality, if proven, might only arguably entitle the complainant to moral damages.
  […]
  In conclusion, there is neither evidence that UNAIDS failed to follow the proper procedures to ensure the confidentiality of the investigation nor of how the rumours were started, thus, no legal consequences arise (see Judgment 3236, consideration 14). Since there is no persuasive evidence that the Organization was responsible for the unauthorized disclosure of information, the leak cannot be considered as part of a pattern of retaliation, and the complainant is not entitled to moral damages for breach of confidentiality.

  Reference(s)

  ILOAT Judgment(s): 3236
  

  Keywords:

  breach of confidentiality; disciplinary procedure; flaw; moral damages;
  

  
  
  

• Judgment 4804

  
  137th Session, 2024
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to reject his appeal seeking, in the main, moral damages for breach of confidentiality and defamation.

  Consideration 3

  Extract:

  [E]ven though the breach of confidentiality is proven (as it has been acknowledged by the EPO), there is no evidence that the complainant suffered any damage as a result of that breach. Considering all the facts and relevant circumstances of the present case, […] the Tribunal finds that the complainant’s request for damages is unsubstantiated.

  Keywords:

  breach of confidentiality; burden of proof; confidentiality; moral damages; moral injury;
  

  
  
  

• Judgment 4743

  
  137th Session, 2024
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to close a complaint of harassment he had filed and two related matters.

  Judgment keywords

  Keywords:

  breach of confidentiality; complaint allowed; harassment;
  

  
  
  

• Judgment 4362

  
  131st Session, 2021
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges her summary dismissal for serious misconduct.

  Consideration 18

  Extract:

  Any breach of confidentiality by staff of an international court is an extremely serious matter. But there will be cases where the breach is grave and undoubtedly warrants summary dismissal and others where that outcome is not so obviously justified. It is possible that, had the matter been approached properly by the ICC, a decision would have been made not to dismiss the complainant. Equally a decision might have been made to dismiss her.

  Keywords:

  breach of confidentiality; termination of employment;
  

  
  
  

• Judgment 3160

  
  114th Session, 2013
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.

  Judgment keywords

  Keywords:

  breach of confidentiality; complaint allowed; decision quashed;