Judgment No. 4754
Decision
The complaint is dismissed.
Summary
The complainant impugns the decision to close his harassment complaint.
Judgment keywords
Keywords
harassment; deference; investigation; complaint dismissed; investigative body; role of the tribunal
Consideration 5
Extract:
It should be observed [...] that the Tribunal generally defers to the findings by internal investigative bodies. For example, in Judgment 4237, consideration 12 (recently cited in Judgment 4674, consideration 5), the Tribunal said:
“Moreover, where there is an investigation by an investigative body in disciplinary proceedings, ‘it is not the Tribunal’s role to reweigh the evidence collected by an investigative body the members of which, having directly met and heard the persons concerned or implicated, were able immediately to assess the reliability of their testimony. For that reason, reserve must be exercised before calling into question the findings of such a body and reviewing its assessment of the evidence. The Tribunal will interfere only in the case of manifest error (see Judgments 3682, under 8, and 3593, under 12)’ (see Judgment 3757, under 6).”
Reference(s)
ILOAT Judgment(s): 3593, 3682, 3757, 4237, 4674
Keywords
deference; evidence during investigation; investigative body; role of the tribunal
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