|
|
 |
|
|
Breach of confidentiality (887,-666)
You searched for:
Keywords: Breach of confidentiality
Total judgments found: 10
Judgment 5156
141st Session, 2026
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests her dismissal for misconduct.
Consideration 4
Extract:
“[T]he failure to respect confidentiality in an investigative process, even if it were proven, does not amount to a conclusive flaw which would justify the setting aside of the disciplinary decision. The breach of confidentiality, if proven, might only arguably entitle the complainant to moral damages (see Judgment 4858, consideration 14).”
Reference(s)
ILOAT Judgment(s): 4858
Keywords:
breach of confidentiality; investigation; moral damages;
Judgment 5122
141st Session, 2026
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose upon him the disciplinary measure of written censure and to bar him from any future employment with the OPCW for alleged breaches of his confidentiality obligations.
Judgment keywords
Keywords:
breach of confidentiality; complaint allowed; disciplinary measure;
Judgment 5097
141st Session, 2026
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to impose on him the disciplinary measure of a letter of warning.
Consideration 12
Extract:
“[T]he complainant contends that, prior to the commencement of disciplinary proceedings against him, he had lodged a harassment complaint, the content of which was shared by EMBL with Ms J.H. and Ms C.H.; this amounted, in his view, to a breach of confidentiality and may have undermined their credibility and that of other witnesses. […]
As EMBL notes in its reply, Ms J.H. and Ms C.H. were informed of the complainant’s harassment complaint because they were interviewed regarding it as part of the investigation. During these proceedings, facts emerged that might amount to harassment perpetrated by the complainant, prompting the initiation of disciplinary proceedings against him. In these circumstances there was no unlawful breach of confidentiality. In any event, failure to respect confidentiality in an investigation process, even if it were proven, does not constitute a conclusive flaw in the proceedings that would justify setting aside the disciplinary decision. A breach of confidentiality, if proven, might only arguably entitle the complainant to moral damages […].”
Keywords:
breach of confidentiality; disciplinary procedure; flaw; moral damages;
Judgment 4916
139th Session, 2025
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests her Performance Appraisal Report for the period from 1 November 2019 to 31 October 2020 and the decision not to renew her appointment due to unsatisfactory performance and loss of trust.
Consideration 6
Extract:
The complainant correctly points out that there was a violation of the confidentiality of her testimony before the Advisory Board. The rationale behind this confidentiality, as foreseen by Rule 25.2, paragraphs (f) and (g), of the Staff Manual, is not only to protect witnesses’ personal data, but also to ensure that their testimonies remain confidential and that they are neither used against them nor have a negative impact on them, so that witnesses can speak freely without fear of reprisal or retaliation. The Secretary-General improperly used the complainant’s confidential testimony in Advisory Board proceedings concerning an entirely different matter as a basis to assess her performance. This was an error of law. Even if Rule 25.2, paragraphs (f) and (g), of the Staff Manual did not directly apply to the Secretary-General, the latter was bound by the general principle of confidentiality underlying this rule.
Keywords:
breach of confidentiality; confidentiality; mistake of law; testimony; witness;
Judgment keywords
Keywords:
breach of confidentiality; complaint allowed; mistake of law; non-renewal of contract; performance; performance evaluation; performance report; testimony; witness;
Judgment 4859
138th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss him for serious misconduct.
Consideration 14
Extract:
The Tribunal notes that the failure to respect confidentiality, even if it were proven, is not a decisive flaw in the proceedings which would justify the setting aside of the disciplinary decision. The breach of confidentiality, if proven, might only arguably entitle the complainant to moral damages.
[…]
In conclusion, there is neither evidence that UNAIDS failed to follow the proper procedures to ensure the confidentiality of the investigation nor of how the rumours were started, thus, no legal consequences arise (see Judgment 3236, consideration 14). Since there is no persuasive evidence that the Organization was responsible for the unauthorized disclosure of information, the leak cannot be considered as part of a pattern of retaliation, and the complainant is not entitled to moral damages for breach of confidentiality.
Reference(s)
ILOAT Judgment(s): 3236
Keywords:
breach of confidentiality; disciplinary procedure; flaw; moral damages;
Judgment 4858
138th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to summarily dismiss her for serious misconduct.
Consideration 14
Extract:
The Tribunal notes that the failure to respect confidentiality, even if it were proven, does not amount to a conclusive flaw in the proceedings which would justify the setting aside of the disciplinary decision. The breach of confidentiality, if proven, might only arguably entitle the complainant to moral damages.
[…]
In conclusion, there is neither evidence that UNAIDS failed to follow the proper procedures to ensure the confidentiality of the investigation nor of how the rumours were started, thus, no legal consequences arise (see Judgment 3236, consideration 14). Since there is no persuasive evidence that the Organization was responsible for the unauthorized disclosure of information, the leak cannot be considered as part of a pattern of retaliation, and the complainant is not entitled to moral damages for breach of confidentiality.
Reference(s)
ILOAT Judgment(s): 3236
Keywords:
breach of confidentiality; disciplinary procedure; flaw; moral damages;
Judgment 4804
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision to reject his appeal seeking, in the main, moral damages for breach of confidentiality and defamation.
Consideration 3
Extract:
[E]ven though the breach of confidentiality is proven (as it has been acknowledged by the EPO), there is no evidence that the complainant suffered any damage as a result of that breach. Considering all the facts and relevant circumstances of the present case, […] the Tribunal finds that the complainant’s request for damages is unsubstantiated.
Keywords:
breach of confidentiality; burden of proof; confidentiality; moral damages; moral injury;
Judgment 4743
137th Session, 2024
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to close a complaint of harassment he had filed and two related matters.
Judgment keywords
Keywords:
breach of confidentiality; complaint allowed; harassment;
Judgment 4362
131st Session, 2021
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges her summary dismissal for serious misconduct.
Consideration 18
Extract:
Any breach of confidentiality by staff of an international court is an extremely serious matter. But there will be cases where the breach is grave and undoubtedly warrants summary dismissal and others where that outcome is not so obviously justified. It is possible that, had the matter been approached properly by the ICC, a decision would have been made not to dismiss the complainant. Equally a decision might have been made to dismiss her.
Keywords:
breach of confidentiality; termination of employment;
Judgment 3160
114th Session, 2013
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the Director-General's decision to reject his appeal concerning breaches of confidentiality.
Judgment keywords
Keywords:
breach of confidentiality; complaint allowed; decision quashed;
|
|
|
|
|
