Judgment No. 4776
Decision
1. The impugned decision is set aside.
2. The FAO shall pay the complainant 8,000 euros costs.
3. All other claims are dismissed.
Summary
The complainant challenges the decision to close his harassment complaint after a preliminary review.
Judgment keywords
Keywords
complaint allowed; harassment; investigation; investigation report
Consideration 11
Extract:
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.
Reference(s)
ILOAT Judgment(s): 4471
Keywords
disclosure of evidence; investigation report
Consideration 14
Extract:
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).
Reference(s)
ILOAT Judgment(s): 4644
Keywords
moral damages; investigation
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