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Judgment No. 4297


The complaint is dismissed.


The complainant impugns the decision to reject his formal complaint of harassment.

Judgment keywords


inquiry; harassment; investigation; complaint dismissed

Consideration 7


[T]he complainant suggests he would have been prejudiced by advice he said he received from the OPCW that his challenges to the appointment of the investigators did not involve a reviewable administrative decision and thus, it is said, he waived the right to file a complaint before the Tribunal in relation to the decision concerning the manner in which the investigation was proceeding. The submission fails to recognise that a decision concerning the composition of an investigating panel is not a final administrative decision amenable to review by the Tribunal but merely a step in the process leading to a final administrative decision and may, as such, be challenged before the Tribunal only in the context of a complaint impugning the final decision (see, for example, Judgment 4131, consideration 4).


ILOAT Judgment(s): 4131


inquiry; harassment; administrative decision; step in the procedure; investigation

Last updated: 23.10.2020 ^ top