Harassment (642, 679, 820, 827,-666)
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Keywords: Harassment
Total judgments found: 191
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Judgment 3995
126th Session, 2018
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the measures taken by IFAD following its investigation into his allegations of harassment.
Consideration 5
Extract:
[T]he Tribunal considers that IFAD was wrong to refuse the complainant’s request for disclosure of the reports drawn up by the AUO at the end of the investigation into the conduct of the two supervisors targeted by his complaint.
The Tribunal has consistently held that a staff member must, as a general 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, amongst 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 that of 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 [applicable] provisions on this matter [...].
Reference(s)
ILOAT Judgment(s): 2229, 2700, 3214, 3295, 3347, 3640, 3732, 3831
Keywords:
confidential evidence; disclosure of evidence; due process; harassment;
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; inquiry; investigation;
Judgment 3967
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant considers that he was a victim of harassment, or at least of straining, by his director who issued a warning letter regarding his performance and set new productivity targets which he was to achieve in 2004.
Judgment keywords
Keywords:
complaint allowed; harassment;
Judgment 3966
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant objects to the behaviour of his director which he characterises as harassment.
Judgment keywords
Keywords:
complaint allowed; harassment;
Judgment 3965
125th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contends that the EPO did not properly address or investigate his claim of harassment.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; inquiry; investigation;
Judgment 3935
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant accuses his former supervisor of moral harassment.
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment;
Consideration 8
Extract:
The Tribunal has already found in similar cases that when an internal harassment complaint has wrongly been dismissed, it is not appropriate to order that an investigation be re-opened if that course would raise practical difficulties of this nature (see, for example, in another case concerning a UNESCO official, Judgment 3639, under 8 to 10).
Reference(s)
ILOAT Judgment(s): 3639
Keywords:
case sent back to organisation; harassment;
Considerations 8-10
Extract:
[L]ike the Appeals Board, the Tribunal considers that by the time the impugned decision was taken, it was no longer possible to conduct such an investigation, not only because both the complainant and the Director of the Office had left the Organization, but also because of the time that had elapsed since the incidents in question, which in particular made it difficult to gather reliable testimony from witnesses as to whether those incidents occurred and how third parties may have perceived them. [...]
This situation means that it is not possible, in the instant case, to reach an informed decision on the merits of the parties’ submissions as to the existence and, as the case may be, the effects of the harassment alleged by the complainant. Neither the parties’ briefs nor the evidence tendered allow the Tribunal to rule on these points with certainty; this would be possible only if the findings of an investigation that was duly carried out at the material time were available. [...]
Nevertheless, the fact that it is impossible for the complainant to have his internal complaints examined constitutes a serious violation of his right to effective means of redress, in particular as far as his harassment complaint is concerned. It has caused him considerable moral injury which, in the Tribunal’s view, justifies a higher amount of damages than that already awarded by UNESCO in the impugned decision.
Keywords:
harassment; inquiry; investigation; moral injury;
Judgment 3934
125th Session, 2018
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to transfer him and not to extend his appointment beyond the statutory retirement age.
Consideration 4
Extract:
Although the complaint of moral harassment which the complainant had filed against the Director of the Office was the subject of separate proceedings, in his appeal against the decision not to extend his appointment the complainant also alleged that that decision stemmed from a wish to discriminate and retaliate against him which itself formed part of the harassment. [...] [I]n its opinion of 11 July 2014 the Appeals Board noted, before recommending that his appeal be dismissed, that “[t]he allegations on discrimination, harassment and punitiveness [were] the subject matters of another appeal and they [would] be decided on in [another] case brought before the Appeals Board” by the complainant.
In adopting that approach, the Appeals Board committed an error of law. If those allegations had proved to be well founded, they would have substantiated the existence of flaws rendering the contested decision unlawful; hence the Appeals Board could not properly recommend that the aforementioned decision be confirmed without first having determined whether they were valid.
Keywords:
harassment; internal appeal; mistake of law; procedure before the tribunal;
Judgment 3922
125th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to offer her a three-month renewal of her contract and to reject the claims she made with respect to her performance evaluation for 2012, the reclassification of her post, the length of her last contract and her allegations of harassment, retaliation and intimidation.
Considerations 18-19
Extract:
The Tribunal finds that the manner in which the complainant’s harassment investigation was closed was abrupt, arbitrary, unreasonable and without legal basis. The Head of HRD could have at least explained to the complainant why in her view Mr L. was an independent and suitable investigator or in some way resolve that issue, without closing the investigation at that stage.
In the foregoing premises, and since, in the Tribunal’s view, it is necessary that this harassment complaint be investigated pursuant to the Global Fund’s rules, that matter will be returned to the Global Fund which shall take the steps which are necessary for that investigation to be properly conducted.
Keywords:
harassment; inquiry; investigation;
Judgment 3882
124th Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss him with immediate effect for misconduct.
Consideration 23
Extract:
The complainant alleges that inter-personal issues between him and his supervisor escalated into a campaign of defamation against him. However, he has not substantiated this allegation. Neither has he substantiated his further allegation that he was harassed and mobbed. He did not follow the internal procedures for lodging a formal complaint. Neither has he substantiated his allegation that serious procedural flaws in the course of the disciplinary proceedings amounted to harassment. Accordingly, these grounds of the complaint are unfounded.
Keywords:
defamation; harassment;
Judgment 3871
124th Session, 2017
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges WHO’s refusal to reinstate him after the decision to dismiss him was set aside.
Consideration 12
Extract:
The Tribunal’s case law has established that 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. An allegation of harassment must be borne out by specific acts, the burden of proof being on the person who pleads it, but there is no need to prove that the accused person acted with intent (see Judgment 3233, under 6, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 3233
Keywords:
harassment; inquiry; investigation;
Judgment 3867
124th Session, 2017
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the WTO’s decision not to conduct an inquiry into his allegations of harassment.
Judgment keywords
Keywords:
complaint dismissed; harassment; settlement out of court;
Judgment 3841
124th Session, 2017
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to abolish his post, as well as the earlier decision to reassign him to that post.
Consideration 6
Extract:
Although the case law recognizes that earlier events may be invoked to establish a pattern of harassment even though they were not challenged at the time they occurred (see, for example, Judgment 3250, consideration 10), it does not follow that a new time limit for challenging these events is open.
Reference(s)
ILOAT Judgment(s): 3250
Keywords:
harassment; late appeal;
Judgment 3836
124th Session, 2017
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to reject her internal complaint of harassment.
Judgment keywords
Keywords:
complaint dismissed; harassment; internal remedies exhausted;
Judgment 3831
124th Session, 2017
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her allegations of harassment.
Judgment keywords
Keywords:
complaint allowed; harassment;
Judgment 3777
123rd Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his allegations of harassment and his performance appraisal for 2011 to 2013.
Consideration 15
Extract:
These allegations have been detailed as, even given the responses of the complainant’s responsible chief, they provide with some of the complainant’s other allegations, a case which required further investigation and consideration and should have been referred to a Commission of Inquiry for the conduct of an inquiry. For the omission to refer the matter to a Commission of Inquiry, the complainant will be awarded moral damages [...].
Keywords:
harassment; moral injury;
Consideration 7
Extract:
The Tribunal stated the following in Judgment 3692, consideration 18:
“In Judgment 2552, under 3, the Tribunal stated that when an accusation of harassment is made, an international organisation must investigate the matter thoroughly and accord full due process and protection to the person accused. The organisation’s duty to a person who makes a claim of harassment requires that the claim be investigated both promptly and thoroughly, that the facts be determined objectively and in their overall context (see Judgment 2524), that the law be applied correctly, that due process be observed and that the person claiming, in good faith, to have been harassed not be stigmatised or victimised on that account (see Judgments 1376, under 19, 2642, under 8, and 3085, under 26).
Furthermore, 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. An allegation of harassment must be borne out by specific acts, the burden of proof being on the person who pleads it, but there is no need to prove that the accused person acted with intent (see Judgments 2100, under 13, 2524, under 25, and 3233, under 6, and the case law cited therein).” See also Judgment 3065, consideration 10.
Reference(s)
ILOAT Judgment(s): 3692
Keywords:
harassment;
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment;
Judgment 3737
123rd Session, 2017
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he was subjected to harassment.
Consideration 13
Extract:
The case will be remitted to the ITU for a full and proper examination of the initial internal complaint lodged by the complainant [...] under the terms envisaged by Service Order No. 05/05, as should originally have been the case. Indeed, contrary to what the complainant suggests in his submissions, the Tribunal cannot rule at this stage on the merits of the allegations made in that complaint since most of them have not been subject to the prior investigations necessary to make an informed assessment, which the ITU’s internal bodies alone are able to conduct effectively. The ITU must therefore, within 30 days of the public delivery of this judgment, set up a new commission of inquiry to investigate the said internal complaint.
Keywords:
case sent back to organisation; harassment;
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; harassment; late appeal;
Judgment 3732
123rd Session, 2017
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his allegations of harassment and abuse of authority as unfounded.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; harassment;
Judgment 3695
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the EPO’s rejection of his two internal appeals against the Ombudsman’s failure to follow the formal procedure in respect of his harassment complaint and against the President’s decision to reject that harassment complaint.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; harassment;
Judgment 3692
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant who, at the material time, was working as a patent examiner, objects to three of his staff reports, submits that he was subjected to harassment and challenges the rejection of his request for an independent examination of several of his dissenting opinions on patent applications.
Consideration 18
Extract:
In Judgment 2552, under 3, the Tribunal stated that when an accusation of harassment is made, an international organisation must investigate the matter thoroughly and accord full due process and protection to the person accused. The organisation’s duty to a person who makes a claim of harassment requires that the claim be investigated both promptly and thoroughly, that the facts be determined objectively and in their overall context (see Judgment 2524), that the law be applied correctly, that due process be observed and that the person claiming, in good faith, to have been harassed not be stigmatised or victimised on that account (see Judgments 1376, under 19, 2642, under 8, and 3085, under 26).
Furthermore, 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. An allegation of harassment must be borne out by specific acts, the burden of proof being on the person who pleads it, but there is no need to prove that the accused person acted with intent (see Judgments 2100, under 13, 2524, under 25, and 3233, under 6, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 1376, 2524, 2552, 2642, 3085
Keywords:
burden of proof; harassment;
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; performance report;
Consideration 19
Extract:
The complainant has not provided any substantive, cogent evidence proving that his line manager’s actions or statements belittled or humiliated him and that he therefore suffered harassment. The investigation conducted by the mediator did reveal the existence of considerable tension between the complainant and his line manager, which had impaired their professional relations and had ultimately created a strained working atmosphere. However, the facts established by the mediator, viewed in isolation or as a whole, do not lead the Tribunal to arrive at a different conclusion than that reached by him, as summarised in consideration 17 [...].
Keywords:
evidence; harassment; performance evaluation;
Judgment 3682
122nd Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his appointment for gross misconduct.
Consideration 18
Extract:
It is true, as stated in Judgment 1312, that matters within a staff member’s private life are relevant only to the extent that they may affect the staff member’s performance of official duties. However, an allegation of harassment is not about the performance of official duties. Instead, it concerns an employee’s conduct that has a deleterious impact on the dignity and wellbeing of another employee. It is for this reason that a determination as to whether any particular act or series of acts amount to harassment can only be made after a careful consideration of the relevant events and an examination of them in the broader context. In the present case, there was a real and substantial nexus between the complainant’s conduct and the workplace.
Keywords:
harassment;
Judgment keywords
Keywords:
complaint dismissed; harassment; misconduct;
Judgment 3663
122nd Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that his dignity was impaired in the context of his various transfers.
Consideration 17
Extract:
[I]t is observed that the impugned decision “confirmed that the plea for harassment was summarily dismissed by the Director General […] due to the fact that no evidence was provided that such harassment took place” and that “[f]urther investigation into the alleged case was not warranted”. The Tribunal finds that the complainant has provided no evidence to show that that decision was wrong or that his harassment complaint is meritorious. This harassment claim is therefore unfounded and will be dismissed.
Keywords:
harassment; investigation;
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