CYIL vol. 15 (2024)

JAN HLADÍK CYIL 15 ȍ2024Ȏ • “… no award of moral damages can be made in the absence of a conclusive findings as to whether the alleged harassment actually took place or not. …” (Judgment 4739, consideration 14); • “… the fact that it is impossible for the complainant to have his internal complaints examined constitutes a serious violation of his right to effective means of redress, in particular as far as his harassment complaint is concerned… (Judgment 3935, consideration 10); • “By failing to conduct an inquiry to determine the validity of such serious accusations, the defendant breached both its duty of good governance, thereby depriving the complainant of her right to be given an opportunity to prove her allegations. …” (Judgment 2654, consideration 7); • “… an organisation has no obligation to open a full investigation into allegations of harassment if the allegations are insufficiently substantiated at the stage of the preliminary assessment. …” (Judgment 4746, consideration 9); • “… a decision of an international organization finding that a harassment complaint is unfounded and rejecting a claim for compensation for the material or moral injury allegedly suffered by the staff member who lodged that complaint is an administrative decision that may adversely affect her or him. …” (Judgment 4547, consideration 6); “… any staff member who lodges such a complaint is entitled to know whether the person named in the complaint has been found to have committed acts of harassment and, if so, to be informed how the organisation intends to compensate her or him for the material and/or moral injury suffered …” (Judgment 4547, consideration 6); and, • “Administrative decisions cannot be characterized harassment solely because they are unlawful …” (Judgment 4746, consideration 12); This Judgment makes a cross reference to Judgments 4241 (consideration 9) and 2861 (consideration 37). 5. Conclusion The fundamental importance of ILOAT Judgment 3640 consists in underscoring the strong determination of the UNESCO Administration to fight against cases of sexual harassment and to sanction heavily perpetrators of this highly reprehensible behaviour. For this, the UNESCO Administration must be applauded.

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