Assistance during investigation (913,-666)

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Keywords: Assistance during investigation
Total judgments found: 2

• Judgment 4039

  
  126th Session, 2018
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant, who alleges that he is the victim of institutional harassment and discrimination, seeks redress for the injury he considers he has suffered.

  Considerations 7-9

  Extract:

  [T]he Tribunal has consistently held that no general principle obliges an international organisation to make provision for staff members under investigation to be assisted by a staff representative when they are interviewed (see Judgment 2589, under 7). [...]
  It is true that new facts discovered during an investigation may sometimes corroborate the original allegation. In this case, however, the alleged inflation of the complainant’s overtime during the 2013 International Labour Conference has nothing to do with the allegation relating to the circumstances in which his spouse was employed. The suggestion that the excessive amount of overtime that the complainant was accused of having claimed might have been explained by the financial loss resulting from the refusal to recruit his spouse for the Conference does not in itself establish an adequate link between the two allegations.
  As this was a new allegation, the IAO should have acted in accordance with paragraphs 27 to 30 of the Uniform Guidelines for Investigations and should at least have determined whether there were legitimate grounds warranting a new investigation on that issue. There is nothing in the file to show – and the defendant organisation does not submit – that the IAO conducted a preliminary evaluation before investigating the new allegation.

  Reference(s)

  ILOAT Judgment(s): 2589
  

  Keywords:

  assistance during investigation; inquiry; investigation; procedural rights during investigation;
  

  
  
  

• Judgment 2589

  
  102nd Session, 2007
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  No general principle obliges the Agency to make provision for staff members under investigation to be assisted by a staff representative when they are interviewed at this stage of the proceedings.

  Keywords:

  assistance during investigation; procedural rights during investigation; staff representative;