Investigative body (906,-666)

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Keywords: Investigative body
Total judgments found: 5

• Judgment 4754

  
  137th Session, 2024
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to close his harassment complaint.

  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;
  

  Judgment keywords

  Keywords:

  complaint dismissed; deference; harassment; investigation; investigative body; role of the tribunal;
  

  
  
  

• Judgment 4753

  
  137th Session, 2024
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to place on his personnel file a letter notifying him that he had committed serious misconduct for which he would have been summarily dismissed had he not separated from the IAEA, and to relevantly inform all affected individuals.

  Consideration 10

  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;
  

  
  
  

• Judgment 4746

  
  137th Session, 2024
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to close her harassment complaint following a preliminary assessment and without conducting an investigation.

  Consideration 10

  Extract:

  [T]he Tribunal finds that [the Office of the Inspector General] conducted a thorough review of the voluminous documentation submitted by the complainant and a detailed analysis of her allegations. [The Office of the Inspector General]’s conclusion that the complainant’s harassment complaint should be closed was based on the results of its preliminary assessment that “there was no prima facie case of harassment, abuse of authority, retaliation or other misconduct”. In determining that the complaint should be closed for a lack of a prima facie case, [the Office of the Inspector General] acted within its authority and fully in line with the provisions of the [the Office of the Inspector General] Investigation Guidelines […].

  Keywords:

  investigation; investigative body; rules of the organisation;
  

  
  
  

• Judgment 4679

  
  136th Session, 2023
  ITER International Fusion Energy Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to reject her complaint of harassment, discrimination and abuse of authority.

  Consideration 3

  Extract:

  As to the argument that the persons entrusted with the investigation are in a conflict of interest because they are subject to the hierarchical authority of the person accused of harassment (i.e. the Director-General), the Tribunal recalls its case law which states it is a general rule of law that an official who is called upon to take a decision affecting the rights or duties of other persons subject to her or his jurisdiction must withdraw in cases in which her or his impartiality may be open to question on reasonable grounds. It is immaterial that, subjectively, the official may consider herself or himself able to take an unprejudiced decision; nor is it enough for the persons affected by the decision to suspect its author of prejudice (see Judgment 4240, consideration 10). A conflict of interest occurs in situations where a reasonable person would not exclude partiality, that is, a situation that gives rise to an objective partiality. Even the mere appearance of partiality, based on facts or situations, gives rise to a conflict of interest (see Judgment 3958, consideration 11). An allegation of conflict of interest or lack of impartiality has to be substantiated and based on specific facts, not on mere suspicions or hypotheses. The complainant bears the burden to prove a conflict of interest (see Judgments 4617, consideration 9, and 4616, consideration 6). The mere fact that the staff members entrusted with an investigation are ordinarily under the authority of the Director- General is not a reasonable ground to call their impartiality into question. In the present case, there is no evidence that they had received any instructions from the Director-General (see Judgment 4243, consideration 9). The complainant does not provide persuasive evidence about the existence of a conflict of interest, which is merely hypothetical and not grounded on specific facts.

  Reference(s)

  ILOAT Judgment(s): 3958, 4240, 4243, 4616, 4617
  

  Keywords:

  conflict of interest; investigation; investigative body;
  

  
  
  

• Judgment 1763

  
  85th Session, 1998
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 15 and 17

  Extract:

  The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[T]he Director of the Division of Personnel [...] was both the chairman of the Disciplinary Board and the head of the department conducting the initial investigation. That the Director of the Division of Personnel should be chairman of the Board is required by paragraph 13(a) of section 13, Part II, of the Agency's Administrative Manual and does not constitute a procedural flaw, but does give rise to a situation in which there is a grave danger of an actual breach of procedural fairness. That is what in fact occurred. As the chairman of the Disciplinary Board, the Director had to refrain from personal involvement in the investigation. He must not be both judge and policeman. That, however, is what happened on at least one occasion. [...] This constitutes a serious breach of due process. [...] As chairman of the Joint Disciplinary Board, the Director of the Division of Personnel had a duty to be and to appear to be impartial."

  Reference(s)

  Organization rules reference: PARAGRAPH 13(A) OF SECTION 13, PART II, OF IAEA'S ADMINISTRATIVE MANUAL
  
  

  Keywords:

  bias; conflict of interest; disciplinary body; disciplinary procedure; due process; inquiry; investigation; investigative body; procedural flaw;