Harassment (642, 679, 820, 827,-666)
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Keywords: Harassment
Total judgments found: 180
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Judgment 4217
129th Session, 2020
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to provide her with the record of the investigation that ensued after she filed a harassment complaint against her supervisor, and the fact that she received no compensation for the moral harassment that she claims to have suffered.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; inquiry; investigation;
Considerations 4 and 6
Extract:
The Tribunal considers that IFAD erred in refusing to grant the complainant’s request for a copy of the report established by the AUO at the end of the investigation in respect of the supervisor mentioned in her harassment complaint.
The Tribunal has consistently held that a staff member must, as a rule, have access to all the evidence on which the competent authority bases its decision concerning her or him (see, for example, Judgments 2229, under 3(b), 2700, under 6, 3214, under 24, or 3295, under 13). This implies, among other things, that an organisation must forward to a staff member who has filed a harassment complaint the report drawn up at the end of the investigation of that complaint (see, for example, Judgments 3347, under 19 to 21, and 3831, under 17).
Of course, this obligation to disclose must be balanced against the need to respect the confidential nature of some aspects of an inquiry, particularly the witness statements gathered in the course of the inquiry. As the Tribunal’s case law has confirmed, such confidentiality may be necessary in order to ensure witnesses’ protection and freedom of expression (see, in particular, Judgments 3732, under 6, and 3640, under 19 and 20). Moreover, in this case the confidentiality of some information related to the investigation was expressly required by the provisions on this matter contained in section 4 of Annex I to the President’s Bulletin PB/2007/02 of 21 February 2007 concerning investigation processes.
Although it is true that IFAD produced a redacted copy of the investigation report as an annex to its surrejoinder, by refusing to provide the complainant with the report in question during the internal appeals procedure it nevertheless unlawfully deprived her of the possibility of usefully challenging the findings of the investigation. In this case, the fact that the complainant was ultimately able to obtain a copy of the report during the proceedings before the Tribunal does not remedy the flaw tainting the internal appeal process. Indeed, the Tribunal’s case law recognises that, in some cases, the nondisclosure of evidence can be corrected when this flaw is subsequently remedied, including in proceedings before it (see, for example, Judgment 3117, under 11), that is not the case where the document in question is of vital importance having regard to the subject matter of the dispute, as it is here (see Judgments 2315, under 27, 3490, under 33, 3831, cited above, under 16, 17 and 29, or 3995, under 5).
[...]
[I]t [...] follows from the above that the decision [...] whereby IFAD refused to provide the complainant with the investigation report drawn up by the AUO, is unlawful and must, therefore, be set aside.
Reference(s)
ILOAT Judgment(s): 2229, 2315, 2700, 3214, 3295, 3347, 3490, 3640, 3732, 3831, 3995
Keywords:
confidential evidence; harassment; inquiry; investigation; organisation's duties;
Consideration 9
Extract:
According to the Tribunal’s case law, by virtue of the principle that an international organisation must provide its staff members with a safe and healthy working environment, it is liable for all injuries caused to a staff member by a supervisor when the victim is subjected to treatment that is an affront to her or his dignity (see, for example, Judgments 1609, under 16, 1875, under 32, 2706, under 5, or 3170, under 33).
Reference(s)
ILOAT Judgment(s): 1609, 1875, 2706, 3170
Keywords:
compensation; harassment; moral injury; respect for dignity; working conditions;
Judgment 4213
129th Session, 2020
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject his claims of harassment and constructive dismissal.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; harassment; motivation;
Judgment 4211
129th Session, 2020
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns what she considers to be an implied rejection of her claims of moral and sexual harassment and abuse of authority.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; harassment; implied rejection of internal appeal; internal remedies exhausted;
Judgment 4207
129th Session, 2020
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the Director General’s decision to endorse the conclusion of the Office of Internal Oversight Services that it was unable to make a conclusive determination on her sexual harassment claim and to reject her related request for damages.
Consideration 9
Extract:
[T]he IAEA takes the position that having regard to the OIOS’s operational independence, as provided in the OIOS Charter, the Director General was constrained by the findings and conclusions of the OIOS Report and by the standard of proof necessary to establish harassment identified by OIOS, namely, beyond a reasonable doubt. It is convenient to address this submission at this point. It is observed that the operational independence of OIOS, as provided for in the OIOS Charter, concerns the independence of its internal operations. It does not in any way constrain or implicate the Director General’s decision-making authority nor does it preclude judicial review of the OIOS’s findings and conclusions underpinning a Director General’s final decision. Accordingly, this submission is unfounded.
Keywords:
final decision; harassment; inquiry; investigation; sexual harassment;
Consideration 14
Extract:
A claim of harassment and a report of misconduct based on an allegation of harassment are distinct and separate matters. A claim of harassment is a claim addressed to the organization the resolution of which only involves two parties, the organization and the reporter of the harassment. In contrast, a report of alleged misconduct, based on an allegation of harassment, triggers the Appendix G procedures, a process that is directed at the culpability of the staff member in question and potentially the imposition of a disciplinary measure. In this process, the two parties are the organization and the staff member in question. In this process, the reporter of the misconduct, a potential victim of the harassment, is a witness and not a party in the proceedings.
Keywords:
disciplinary procedure; harassment; misconduct; sexual harassment;
Consideration 15
Extract:
It is observed that there are no specific provisions in the IAEA’s Staff Regulations and Staff Rules that articulate a comprehensive procedure to deal with a claim of harassment of the type first discussed in the preceding consideration. In the absence of a lawful comprehensive procedure within the IAEA’s Staff Regulations and Staff Rules to deal with a claim of harassment, the IAEA had to respond to the complainant’s claim of harassment in accordance with the Tribunal’s relevant case law. It is well settled in the case law that an international organization has a duty to provide a safe and adequate working environment for its staff members (see Judgment 2706, consideration 5, citing Judgment 2524). As well, “given the serious nature of a claim of harassment, an international organization has an obligation to initiate the investigation itself [...]” (see Judgment 3347, consideration 14). Moreover, the investigation must be initiated promptly, conducted thoroughly and the facts must be determined objectively and in their overall context. Upon the conclusion of the investigation, the complainant is entitled to a response from the Administration regarding the claim of harassment. Additionally, as the Tribunal held in Judgment 2706, consideration 5, “an international organisation is liable for all the injuries caused to a staff member by their supervisor acting in the course of his or her duties, when the victim is subjected to treatment that is an affront to his or her personal and professional dignity” (see also Judgments 1609, consideration 16, 1875, consideration 32, and 3170, consideration 33). Thus, an international organization must take proper actions to protect a victim of harassment.
Reference(s)
ILOAT Judgment(s): 1609, 1875, 2524, 2706, 3170, 3347
Keywords:
applicable law; case law; harassment; sexual harassment;
Consideration 18
Extract:
The Tribunal concludes that the IAEA could have and should have given the complainant a decision regarding her complaint of harassment within a reasonable time following the completion of the investigation [...]. Rather than reacting promptly in relation to the complainant’s claim of harassment, the Administration held this claim in abeyance pending the completion of the Appendix G procedure and a determination as to whether misconduct was committed. The fact that the Appendix G procedures were still ongoing did not in any way preclude the IAEA from responding to the complainant’s claim of harassment.
Keywords:
harassment; inquiry; investigation; misconduct; reasonable time; sexual harassment;
Consideration 21
Extract:
Taking into account the OIOS’s conclusion that based on its findings [...] that the complainant’s complaint of sexual harassment was credible and made in good faith; that no finding was made regarding the credibility of Mr A.’s denials; that a decision was made that Mr A. would be warned about his “behaviour”; and notwithstanding the fact that there was no independent witness present during the incidents, which is not uncommon and does not undermine the credibility of the complaint, the Tribunal finds that the complaint of sexual harassment is substantiated.
Keywords:
harassment; sexual harassment;
Consideration 20
Extract:
Having regard to the distinction mentioned in consideration 14 [of the judgment] between a claim of harassment and a report of misconduct based on an allegation of harassment, the DDG-MT’s decision concerning the complainant’s claim of harassment is fundamentally flawed. The DDG-MT proceeded on the assumption that an allegation of harassment by the aggrieved staff member must not only be borne out by specific acts, the burden of proof being on the reporter of the harassment, but must also prove that the alleged perpetrator of the harassment acted with intent. This in turn resulted in the DDG-MT incorrectly applying the “beyond a reasonable doubt” standard of proof in his consideration of the complainant’s claim of harassment. It is noted that the Tribunal has specifically rejected this assumption that intent on the part of the alleged perpetrator is required in order to establish harassment (see, for example, Judgments 2524, consideration 25, 3233, consideration 6, and 3692, consideration 18, and the case law cited therein). The Tribunal’s case law states that the applicable standard of proof for a finding of harassment in a case such as this is not “beyond a reasonable doubt” but a less onerous standard (see Judgment 3725, consideration 14).
Reference(s)
ILOAT Judgment(s): 2524, 3233, 3692, 3725
Keywords:
harassment; intention of parties; sexual harassment; standard of proof;
Judgment 4185
128th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he was the victim of harassment, seeks redress for the injury he considers he has suffered.
Judgment keywords
Keywords:
complaint dismissed; harassment;
Judgment 4180
128th Session, 2019
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her appeal against the decision to abolish her post and terminate her appointment, the decision not to shortlist her for a specific position and the decisions not to select her for three other positions.
Consideration 11
Extract:
The Tribunal would normally remit the matter to the ICC so that a proper investigation regarding the complainant’s harassment complaint could be conducted. However, in this case, in view of the fact that the complainant is no longer employed with the ICC and given the passage of time since the alleged events leading to the harassment complaint occurred, remitting the matter to the ICC would serve no useful purpose. Nevertheless, since the complainant was denied the right to have her harassment complaint duly investigated, and also taking due note of the fact that she could have initiated the formal procedure directly with the Registrar in accordance with Section 7.1 of the Instruction, the complainant will be awarded moral damages [...].
Keywords:
case sent back to organisation; harassment;
Judgment 4171
128th Session, 2019
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to dismiss her internal complaints of moral harassment.
Consideration 7
Extract:
It is firmly established in the case law that the person alleging harassment bears the burden of proving the allegation (see Judgments 2745, consideration 20, 3347, consideration 8, 3692, consideration 18, and 3871, consideration 12).
Reference(s)
ILOAT Judgment(s): 2745, 3347, 3692, 3871
Keywords:
burden of proof; harassment;
Judgment keywords
Keywords:
complaint allowed; decision quashed; duty of care; harassment;
Consideration 13
Extract:
Even though the charge of harassment cannot stand, an international organisation fails in its duty to treat staff members with dignity and avoid causing them undue and unnecessary injury if the organisation is aware of an unhealthy working atmosphere in the service where a staff member works but allows it to remain without taking adequate measures to remedy the situation (see, to this effect, Judgment 2067, considerations 16 and 17).
Reference(s)
ILOAT Judgment(s): 2067
Keywords:
duty of care; duty to inform; good faith; harassment; organisation's duties; patere legem; respect for dignity;
Judgment 4167
128th Session, 2019
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director General’s decision to reject her complaint of psychological harassment and seeks compensation for the injury she considers she has suffered.
Considerations 7-8
Extract:
[B]y dismissing the complainant’s allegations of harassment on the grounds that the established facts could not constitute psychological harassment in the absence of intention, the Director General erred in law.
It follows that the decision of 15 March 2016 must be set aside.
In such a case, the Tribunal should in principle remit the case to the Organisation for a new decision to be taken on the basis of the correct interpretation of the applicable provisions. However, for the same reasons as those already indicated in consideration 5 [of the judgment], the Tribunal will not do so in this case and will instead award the complainant compensation for the injury caused by the decision of 15 March 2016.
Keywords:
harassment; moral damages;
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment;
Judgment 4158
128th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant submits that WIPO has not fully compensated her for the injury that she suffered as a result of being subjected to harassment.
Judgment keywords
Keywords:
complaint dismissed; harassment;
Consideration 3
Extract:
Where an organization establishes the existence of harassment, it should put an end to it as quickly as possible, restore the victim to a normal work situation and, if necessary, redress the injury caused. Ordinarily, this redress takes the form of monetary compensation for the injury suffered. It is self-evident that, according to the circumstances of each case, particular measures, for example supervision or support, may also be required. But an organization is only required to take such measures if they are essential or, at least, necessary.
Keywords:
harassment;
Judgment 4149
128th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish his post and to place him on special leave with pay until the expiry of his fixed-term appointment.
Consideration 7
Extract:
WHO raises a threshold issue about the receivability of the complaint insofar as it might be thought to contain allegations of harassment, malice, prejudice and retaliation being pursued independently of the challenge to the impugned decision to abolish the complainant’s post. However, it is relatively clear that the allegations of harassment and related matters are intended to establish an aspect of the unlawfulness of the decision to abolish the post and the complainant’s claims are cast no wider. It is open to the complainant to follow this course (see, for example, Judgment 3688, consideration 1).
Reference(s)
ILOAT Judgment(s): 3688
Keywords:
abolition of post; harassment; receivability of the complaint;
Judgment 4111
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; inquiry; institutional harassment; investigation;
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
Consideration 8
Extract:
Where an investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.
Keywords:
flaw; harassment; inquiry; investigation; moral injury;
Consideration 9
Extract:
[...] Although it must be taken into account that the complainant took a month to provide his comments and that HRD asked the investigator to respond to them, which may have taken some time, the Tribunal considers that, in view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. Harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also to thoroughness and procedure (see Judgment 3447, consideration 7).
The moral injury thus caused to the complainant will be fairly redressed by awarding him compensation in the amount of 1,000 Swiss francs.
Reference(s)
ILOAT Judgment(s): 3447
Keywords:
delay; harassment; inquiry; investigation; moral injury; procedure before the tribunal;
Consideration 3
Extract:
The parties do not dispute that the complainant had requested that a number of witnesses be heard, including his former supervisor [...], which was refused. [...] Any administrative decision, even when the authority exercises discretionary power, must be based on valid grounds. In this case, the refusal, without valid grounds, to hear witnesses with regard to the complainant’s allegations constitutes a breach of due process.
Keywords:
adversarial proceedings; breach; due process; harassment; inquiry; investigation; right to be heard;
Judgment 4110
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; inquiry; institutional harassment; investigation;
Consideration 9
Extract:
Although it must be taken into account that the complainant took a month to provide his comments and that HRD asked the investigator to respond to them, which may have taken some time, the Tribunal considers that, in view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. Harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also be paid to thoroughness and procedure (see Judgment 3447, consideration 7).
The moral injury thus caused to the complainant will be fairly redressed by awarding him compensation in the amount of 1,000 Swiss francs.
Reference(s)
ILOAT Judgment(s): 3447
Keywords:
delay in internal procedure; harassment; inquiry; investigation; moral injury;
Consideration 3
Extract:
The parties do not dispute that the complainant had requested that the colleagues who had also filed a harassment grievance be heard as witnesses, which was refused. [...] In the present case, the refusal, without valid grounds, to hear witnesses with regard to the complainant’s allegations constitutes a breach of due process.
Keywords:
adversarial proceedings; due process; evidence; harassment; inquiry; investigation; right to be heard; testimony; witness;
Consideration 8
Extract:
Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
Since the complainant was denied the right to have his harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay him 15,000 Swiss francs in compensation.
Keywords:
harassment; inquiry; investigation; moral injury;
Judgment 4109
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; institutional harassment;
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
Consideration 3
Extract:
The parties do not dispute that the complainant had requested that the colleagues who had also filed a harassment grievance be heard as witnesses, which was refused. [...] In this case, the refusal, without valid grounds, to hear witnesses with regard to the complainant’s allegations constitutes a breach of due process.
Keywords:
adversarial proceedings; breach; due process; harassment; inquiry; investigation; right to be heard;
Consideration 8
Extract:
Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.
Keywords:
flaw; harassment; inquiry; investigation; moral injury;
Consideration 9
Extract:
[I]n view of the circumstances of the case, a period of nine months between the submission of the findings of the investigation and the notification of the decision of HRD is excessive. Harassment cases should be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also be paid to thoroughness and procedure (see Judgment 3447, consideration 7).
Reference(s)
ILOAT Judgment(s): 3447
Keywords:
delay; harassment; inquiry; investigation; procedure before the tribunal;
Judgment 4108
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; institutional harassment;
Consideration 1
Extract:
According to the Tribunal, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of (see, for example, Judgments 4038, consideration 5, and 3871, consideration 12). Since in this instance some of the facts on which the harassment allegations are founded differ from one complaint to another, the Tribunal will not join the cases.
Reference(s)
ILOAT Judgment(s): 3871, 4038
Keywords:
harassment; joinder;
Consideration 3
Extract:
The parties do not dispute that the complainant had requested that the colleagues who had also filed a harassment grievance be heard as witnesses, which was refused. [...] In this case, the refusal, without valid grounds, to hear witnesses with regard to the complainant’s allegations constitutes a breach of due process.
Keywords:
adversarial proceedings; due process; harassment; inquiry; investigation; testimony;
Consideration 8
Extract:
Where the investigation into a harassment complaint is found to be flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted. However, in this case, in view of the considerable delay occasioned by HRD and the JAAB, the Tribunal considers it appropriate not to remit the matter to the ILO.
Since the complainant was denied the right to have her harassment grievance duly investigated, the Tribunal considers it fair to redress the moral injury so caused by ordering the Organization to pay her 15,000 Swiss francs in compensation.
Keywords:
flaw; harassment; inquiry; investigation; moral injury;
Consideration 9
Extract:
[I]n view of the circumstances of the case, a period of nine months between the submission of the conclusions of the investigation and the notification of the decision of HRD is excessive. Harassment cases must be treated as quickly and efficiently as possible, in order to protect staff members from unnecessary suffering, but attention must also be paid to thoroughness and procedure (see Judgment 3447, consideration 7).
Reference(s)
ILOAT Judgment(s): 3447
Keywords:
delay; harassment; inquiry; investigation;
Judgment 4101
127th Session, 2019
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.
Judgment keywords
Keywords:
complaint dismissed; harassment; special leave;
Consideration 16
Extract:
[T]he Director of the Centre was not obliged to refer the matter to a Commission of Inquiry. Paragraph 22 of Circular No. 13/2009 expressly provides that the Director may close the file “if the accusations of the alleged victim are insufficiently well founded”. In that case, her only obligation was to respond point by point to the complainant’s allegations. Considering the nature of the allegations and the answers given, the Director was not required to provide any further justification to the complainant (see Judgment 3149, consideration 17). The sole purpose of the preliminary assessment of such a complaint is to determine whether there are grounds for opening an investigation (see Judgment 3640, consideration 5). In the absence of a contrary provision, the adversarial principle did not need to be applied at this preliminary stage of the procedure for opening a harassment investigation.
Reference(s)
ILOAT Judgment(s): 3149, 3640
Keywords:
adversarial proceedings; harassment; inquiry; investigation; motivation; motivation of final decision;
Judgment 4096
127th Session, 2019
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the failure to act on his request to update his terms of reference and the subsequent failure to take interim measures to protect him from harassment and retaliation by his supervisors.
Judgment keywords
Keywords:
complaint dismissed; harassment; post description; retaliation;
Judgment 4091
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant primarily challenges the amount of compensation offered to her by the IAEA in respect of a harassment complaint.
Judgment keywords
Keywords:
compensation; complaint dismissed; harassment; settlement out of court;
Judgment 4085
127th Session, 2019
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reject her harassment grievance.
Judgment keywords
Keywords:
complaint dismissed; harassment;
Judgment 4064
127th Session, 2019
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges a request made by the Administration of the FAO that he provide comments, while he was on certified sick leave, on a report issued by the Investigation Panel appointed to investigate allegations of harassment against him.
Judgment keywords
Keywords:
complaint allowed; due process; harassment; inquiry; investigation; sick leave;
Considerations 8-9
Extract:
Based on the evidence before the Tribunal, there is nothing in the FAO rules regime and no proven practice which provide guidance on how the requirement of Part II(b)(iv)(g) of the Policy on the Prevention of Harassment is to be fulfilled where a staff member who is accused of harassment is on certified sick leave. Given the FAO’s duty under the Policy on the Prevention of Harassment to investigate harassment complaints, it is reasonable that it could ask a staff member who is on sick leave to comment upon an IP report if doing so would not exacerbate the illness which occasioned the grant of sick leave and if she or he is fit to do so.
[...] In the Tribunal’s view, the FAO took reasonable steps to discharge its duty to accord due process to the complainant, as well as its duty of care and its duty to be fair to him, while it sought to discharge its duty to implement its Policy on the Prevention of Harassment.
Keywords:
due process; duty of care; harassment; health reasons; inquiry; investigation; medical fitness; sick leave;
Judgment 4048
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to investigate her allegations of institutional harassment.
Judgment keywords
Keywords:
complaint dismissed; harassment; inquiry; investigation;
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