Failure to take account of material facts (802,-666)

You searched for:
Keywords: Failure to take account of material facts
Total judgments found: 3

• Judgment 4808

  
  137th Session, 2024
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the outcome of the investigation procedure conducted in respect of her harassment grievance and the resulting lack of compensation.

  Consideration 8

  Extract:

  The Tribunal first notes that, in the impugned decision, the Director-General inferred from the findings contained in the investigation report that “the evidence contained in the report justifie[d] the conclusion that two [...] harassment allegations against Mr [N.] were substantiated and that this create[d] a hostile work environment”, while also emphasizing that he agreed with the conclusions that the other harassment allegations relating to Mr N. and Ms D. were not substantiated.
  The Tribunal considers that this assertion by the Director-General overlooked the express finding in the investigation report concerning “the cumulative effect of the incidents” surrounding the other acts with which Mr N. was charged, which, taken individually, did not constitute harassment. In her report, the investigator, having identified two incidents which, in her concluding analysis, constituted harassment as individual events, turned to consider “the cumulative effect” of the other individual acts of which the complainant accuses Mr N. On this subject, the investigator expressly stated that “the cumulative effect” of these acts, which were, first, similar in terms of pattern and behaviour, then occurred over a very brief and intense period when there was plainly a dysfunctional and unhealthy working environment and, lastly, continued throughout the complainant’s temporary secondment, “[m]ight reasonably have had a negative and unhealthy impact on the working environment and the capacity of [the complainant] to familiarize herself with the requirements of the post”. The investigator added that in her view, “[t]aking into account the two occasions” which constituted harassment as individual incidents, “the cumulative effect of the incidents could reasonably be considered as harassment”.
  Since the Director-General overlooked this crucial aspect of the report in his review of its findings and, accordingly, in the choice of the measures that may consequently be taken, the Tribunal is of the opinion that the impugned decision is flawed by a failure to take into consideration an essential fact. This misunderstanding of the report clearly influenced the perception of the nature and extent of the harassment that the investigator had found to have been established and was a crucial factor in the Director-General’s analysis.

  Keywords:

  failure to take account of material facts; harassment;
  

  
  
  

• Judgment 4327

  
  130th Session, 2020
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant applies for review of Judgment 4172.

  Consideration 4

  Extract:

  The arguments relied on by the complainant in his application for review, and the evidence which he presents to support them, merely invite the Tribunal to reconsider its findings on these issues on the grounds that it has, in effect, misinterpreted the facts and/or misapplied the law. Although the complainant attempts to base its application for review on the alleged Tribunal’s failure to take into account material facts, his submissions essentially seek to call into question the Tribunal’s exercise of judgement in assessing the evidence. The grounds for review advanced by the complainant are simply an attempt to re-litigate matters that have already been decided. As noted above, such pleas afford no grounds for review.

  Keywords:

  admissible grounds for review; application for review; failure to take account of material facts; inadmissible grounds for review;
  

  
  
  

• Judgment 4132

  
  127th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant filed an application for review of Judgment 3955.

  Consideration 2

  Extract:

  In his application for review of Judgment 3955, the complainant alleges that particular facts were not taken into account by the Tribunal. Referring to Judgment 3819, he points out that, according to the Tribunal’s case law, failure to take account of particular facts is an admissible ground for review. It should be noted that the case law also establishes that, in order to be admissible, such a plea must be likely to have a bearing on the outcome of the case (see Judgment 3333, consideration 4, and the case law cited therein).

  Reference(s)

  ILOAT Judgment(s): 3333, 3819, 3955
  

  Keywords:

  admissible grounds for review; application for review; failure to take account of material facts;
  

  Judgment keywords

  Keywords:

  application for review; complaint dismissed; failure to take account of material facts; summary procedure;