Judgment No. 4297
The complaint is dismissed.
The complainant impugns the decision to reject his formal complaint of harassment.
inquiry; harassment; investigation; complaint dismissed
[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