��DT/2023/119

��AT Held or ��DT Pronouncements

The investigation panel properly investigated 13 of the Applicant��s allegations (see para. 113 of the Judgment). It did not however properly investigate six of the Applicant��s allegations (see para. 115 of the Judgment).

Consequently, the responsible official acted on a partially defective report and the decision to close the case with managerial action cannot stand with respect to the complaints that were not properly investigated.

In view of the time lapse since the events in support of the Applicant��s allegations that were not properly investigated occurred, the Tribunal does not find it suitable to remand these allegations for a de novo fact-finding investigation. The identified shortcomings however justify an order of compensation for moral damages. In view of the Appeals Tribunal��s findings on the matter, the ��DT previous award, and its decision in this case not to remand the Applicant��s claims for a de novo fact-finding investigation, the Tribunal awarded USD5,000 for moral damages.

Decision Contested or Judgment/Order Appealed

The case concerns a remand from ��AT in connection with Judgment Reilly ��DT/2021/093 (see ��AT Judgment Reilly 2022-��AT-1309).

Legal Principle(s)

The Tribunal is called to determine whether the staff member was granted due process rights, whether the investigators acted in an independent and impartial manner by considering all the circumstances of the case, and whether all relevant factors were taken into consideration or if any irrelevant matters were addressed.

Outcome

Judgment entered for Applicant in full or in part

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Applicants/Appellants

Reilly

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement