Judgment No. 4617

• Organization: Energy Charter Conference (ECC)
• Date: 01.02.2023
• Original: English
• Judges: Moore, Frydman, De Nictolis
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to reject her claim of harassment dated 6 December 2019 or, otherwise, the implicit confirmation, on 29 January 2020, of the decision to reject her 6 December 2019 claim.

Judgment keywords

Keywords

harassment; complaint dismissed

Consideration 6

Extract:

The request for disclosure of documents, listed in the complainant’s rejoinder, shall be dismissed. The Tribunal observes that this request constitutes an impermissible “fishing expedition”. It is aimed at obtaining documents related to issues that are either irrelevant (since the Tribunal has already been provided with all the official documents of the relevant harassment procedure), or outside the scope of the present complaint (for example, the full report of the hiring committee and an email sent by the Secretariat to the International Energy Agency).

Keywords

disclosure of evidence

Consideration 9

Extract:

The complainant bears the burden of proof of bias and conflict of interest (see Judgments 4099, consideration 11, and 3380, considerations 9 and 10), and she fails to discharge it.

Reference(s)

ILOAT Judgment(s): 3380, 4099

Keywords

burden of proof; bias; conflict of interest