爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an application to 爆料网AT contesting the Conciliation Committee’s decision to recommend compensation of USD 35,000. 爆料网AT dismissed the motion of Ms Cohen seeking reconsideration of a 爆料网AT Order granting the ICJ Registrar additional time to file his answer. On Ms Cohen’s application for permission to reply to the ICJ Registrar’s answer on the grounds that neither the ICJ Registrar nor the Conciliation Committee addressed the testimony on record in their decisions, 爆料网AT considered that exceptional circumstances existed and granted the motion. 爆料网AT held that, absent a successful conciliation and settlement agreement as contemplated in the ICJ Staff Regulations, Ms. Cohen was permitted to make an application to the 爆料网AT to determine if the administrative decision was in breach of contract entitling her to compensation as an effective remedy for the proven harassment. 爆料网AT held that the implied administrative decision to deny Ms. Cohen compensation for the harm she suffered denied her the effective remedy to which she was contractually entitled under ST/SGB/2008/5 and that, accordingly, there was a legal basis for her claim for compensation before 爆料网AT. 爆料网AT held that the ICJ was in breach of its duty to protect its employees from discrimination and harassment. 爆料网AT held that Ms. Cohen presented no evidence to support her claim for loss of earning capacity or her loss of future job prospects. 爆料网AT held that relocation expenses would have been incurred under other circumstances as she was locally recruited and, as such, could not be considered to be a loss caused by her injury, noting that her decision to relocate was made voluntarily and there was an insufficient causal link between that decision and any harassment she suffered. 爆料网AT held that her allegations of procedural fairness relating to delay in processing her complaint were not materially prejudicial as she was either on paid leave or receiving disability benefit and did not suffer any financial prejudice resulting from the delays. 爆料网AT considered there was no justifiable basis to refer for accountability as the wrongdoing in the case was primarily that of Ms Cohen’s supervisor. 爆料网AT awarded Ms Cohen compensation in the amount of one year’s net base salary.
Decision Contested or Judgment/Order Appealed
ICJ decision: Ms Cohen had filed a complaint with the Conciliation Committee for compensation for the damages she suffered as a result of being a victim of preventable harassment while employed at the ICJ. The Conciliation Committee concluded that Ms Cohen had been the victim of discrimination, harassment, and abuse of authority and that she was entitled to an effective remedy in the form of monetary compensation for the violation of her legal rights to a workplace free from any form of harassment. The Conciliation Committee recommended paying Ms Cohen reparations in the amount of USD 35,000.
Legal Principle(s)
The quantum of compensation for harm caused by harassment is a matter within the discretion of 爆料网AT properly assessing the evidence of the nature, extent, and effects of the harm, with due regard and consideration being given to awards in similar cases.
Outcome
Outcome Extra Text
Only financial compensation; Only financial compensation