Judgment No. 2588
Decision
1. The IAEA shall pay the complainant 5,000 euros in compensation for the moral injury she suffered.
2. It shall also pay her 2,000 euros in costs.
3. All other claims are dismissed.
Consideration 7
Extract:
The Agency has produced before the Tribunal an excerpt of the minutes of the Panel’s meeting [...], as a result of which the complainant has been able to consult that document and to have at her disposal more information than the mere analysis thereof by the Joint Appeals Board. This late disclosure does not remedy the irregularity committed by the Agency, for it is well settled (see, for example, Judgments 1815, under 5, and 2315, under 27) that “[t]o ensure due process both in internal proceedings and before the Tribunal, the staff member must get any items of information material to the outcome”. In the instant case, consulting the Joint Advisory Panel’s report, even if it was in principle confidential, was instructive for the complainant, and some of its content was liable to influence the outcome of her claims since it discloses that some members of the Panel expressed reservations, and even showed some concern about the solution finally adopted, and that they suggested that the Agency should help the staff member to find alternative employment. This procedural irregularity does not in itself call into question the lawfulness of the impugned decision, but it must be borne in mind when assessing the injury which the complainant claims to have suffered [...].
Reference(s)
ILOAT Judgment(s): 1815, 2315
Keywords
moral injury; delay; damages; disclosure of evidence
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