Judgment No. 4743
Decision
1. The impugned decision, dated 19 December 2019, is set aside to the extent stated in consideration 10 of this judgment, as well as to the extent that the Director General accepted the JAAB’s conclusion that the complainant’s right to due process was not breached.
2. EMBL shall pay the complainant moral damages in the amount of 20,000 euros.
3. EMBL shall pay the complainant costs in the amount of 10,000 euros.
4. All other claims are dismissed.
Summary
The complainant challenges the decision to close a complaint of harassment he had filed and two related matters.
Judgment keywords
Keywords
complaint allowed; harassment; breach of confidentiality
Consideration 11
Extract:
Inasmuch as the Director General relied upon the investigative report in making the decision to close the complainant’s harassment complaint, a copy of that report, albeit redacted to the extent necessary to maintain the confidentiality of some aspects of the investigation linked in particular to protecting the interests of third parties, should have been provided to the complainant. This should have been done at least during the internal appeals procedure so as not to unlawfully deprive him of the possibility of usefully challenging the findings of the investigation.
Keywords
disclosure of evidence; investigation report
Consideration 13
Extract:
According to the Tribunal’s case law, the general principles applicable to an appeal body do not require that a complainant be given an opportunity to present oral submissions in person or through a representative. All that the right to a hearing requires is that the complainant should be free to put his case, either in writing or orally; the appeal body is not obliged to offer him both possibilities (see, for example, Judgment 3447, consideration 8).
Reference(s)
Jugement(s) TAOIT: 3447
Keywords
internal appeals body; oral proceedings; right to be heard
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