Judgment No. 3337
Decision
1. The EPO shall pay the complainant 4,000 euros in moral damages, inclusive of the 1,000 euros awarded in the impugned decision.
2. It shall also pay the complainant 3,000 euros in costs.
3. All other claims are dismissed.
Summary
Considering that his harassment complaint has not been treated within a reasonable time, the complainant asks the Tribunal to sanction the Organisation for breach of its duty of care.
Judgment keywords
Keywords
complaint allowed; harassment
Consideration 7
Extract:
"Claim (b) is irreceivable as it does not reasonably provide a cause of action. It would be exceptional for the Tribunal to instruct the President to ensure that Mr [...] will not be in a position to influence the complainant’s future career or to intervene in it, as the complainant requests. This is because this claim points to a future possibility rather than to a current grievance and present injury."
Keywords
cause of action
Considerations 11-12
Extract:
"The Tribunal has consistently stressed the serious nature of allegations of harassment in the workplace and the need for international organisations to investigate such allegations promptly and thoroughly. This is a function of the organisation’s duty of care to its staff members to uphold their dignity. [...] It is in relation to this obligation that the Tribunal, in Judgment 3069, under 12, for example, stated that international organisations have to ensure that an internal body that is charged with investigating and reporting on claims of harassment is properly functioning."
Reference(s)
ILOAT Judgment(s): 3069
Keywords
evidence; inquiry; organisation's duties; disciplinary procedure; harassment; investigation
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