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Judgment No. 4085

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to reject her harassment grievance.

Judgment keywords

Keywords

harassment

Consideration 1

Extract:

The complainant applies for oral hearings, pursuant to Article 12, paragraph 1, of the Tribunal’s Rules. The application will be dismissed in view of the ample submissions and documentary evidence provided by the parties, which fully inform the Tribunal about this complaint.

Reference(s)

ILOAT reference: Article 12, paragraph 1, of the Rules

Keywords

oral proceedings

Consideration 2

Extract:

The complainant’s request for the disclosure of documents is rejected because, cast in the most general and imprecise terms, it is made on the speculative basis that something will be found in those documents to further her case. It constitutes an impermissible “fishing expedition” (see, for example, Judgments 2510, under 7, and 3345, under 9).

Reference(s)

Jugement(s) TAOIT: 2510, 3345

Keywords

disclosure of evidence

Consideration 7

Extract:

It is observed that the complainant supports this complaint detailing events from 2007 to late 2014 and raising issues in a manner which violates the general principle of law that a person cannot simultaneously litigate the same issues in separate or concurrent proceedings (see, for example, Judgments 3291, under 6, and 2742, under 16).

Reference(s)

Jugement(s) TAOIT: 2742, 3291

Keywords

duplication of proceedings

Consideration 7

Extract:

[S]ome of the allegations in the present complaint have also been foundational subjects of Judgments by the Tribunal and are now res judicata (see, for example, Judgment 3950, under 6 and 7).

Reference(s)

Jugement(s) TAOIT: 3950

Keywords

res judicata

Consideration 16

Extract:

[T]he Tribunal has no purview to issue the order that the complainant be provided the “Usability training she was accorded in 2013 and which was subsequently cance[l]led through retaliation by the Director, Communications Division”.

Keywords

competence of tribunal



 
Dernière mise à jour: 12.04.2019 ^ haut