Judgment No. 4703

• Organization: International Atomic Energy Agency (IAEA)
• Date: 07.07.2023
• Original: English
• Judges: Moore, Rawlins, Shen
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to close the case arising from his reports of alleged misconduct and to reject his request to be provided with an unredacted version of the final investigation report.

Judgment keywords

Keywords

misconduct; complaint dismissed

Consideration 3

Extract:

The IAEA submits that the complainant’s […] ground concerning institutional harassment is a new claim that should have been raised internally and is therefore irreceivable. The complainant argues that his allegation of institutional harassment is a new plea that does not extend the scope of the claims already submitted during the internal appeal process. The Tribunal notes that the complainant has put forward a plethora of allegations of institutional harassment in his previous complaints before the Tribunal. The complainant’s allegation of institutional harassment is obviously a new claim and is not a new plea that merely serves to strengthen the legal argument by providing an additional reason to support the claim. Precedent has it that a complainant may enlarge on the arguments presented before internal appeal bodies but may not submit new claims to the Tribunal (see, for example, Judgments 4522, consideration 3, 4467, consideration 5, and 3945, consideration 4). As the complainant did not raise the issue of institutional harassment in his request for review […], nor in his appeal to the JAB, his claim is therefore irreceivable.

Reference(s)

ILOAT Judgment(s): 3945, 4467, 4522

Keywords

new claim; institutional harassment

Consideration 4

Extract:

[T]he complainant’s request for providing him with a certificate of satisfactory performance is beyond the Tribunal’s competence (see, for example, Judgment 4029, consideration 22).

Reference(s)

ILOAT Judgment(s): 4029

Keywords

competence of tribunal; certificate of service

Consideration 9

Extract:

[T]he complainant was provided with a copy of the redacted version of the final investigation report and there is no right to an unredacted copy of the final investigation report under the Tribunal’s case law (see, for example, Judgments 4471, consideration 23, and 3395, consideration 5).

Reference(s)

ILOAT Judgment(s): 3395, 4471

Keywords

investigation report