Judgment No. 4296
The complaint is dismissed.
The complainant requests that allegedly offensive remarks be removed from an investigation report.
cause of action; harassment; impugned decision; complaint dismissed; investigation report
Article II, paragraph 5, of the Tribunal’s Statute relevantly states that the Tribunal shall be competent to hear complaints alleging non-observance, in substance or in form, of the terms of an official’s appointment and of the provisions of the Staff Regulations. In Judgment 4145, consideration 5, the Tribunal recalled that Article II has been interpreted to require that for a complaint to be receivable the staff member must have a cause of action and the impugned decision must be one that, by its nature, is subject to challenge. The Tribunal reiterated, in Judgment 4007, consideration 4, that “for there to be a cause of action a complainant must demonstrate that the contested administrative action caused injury to the complainant’s health, finances or otherwise or that it is liable to cause injury” and had stated, additionally, in Judgment 3337, consideration 7, that the decision must have some present effect on the complainant’s position.
Inasmuch as the Director-General accepted the Investigative Team’s recommendation to dismiss the harassment complaint against the complainant and closed the case, the decision which the complainant challenges had no present effect on his position. Accordingly, the complaint does not disclose a cause of action and will be dismissed.
Jugement(s) TAOIT: 3337, 4007, 4145
cause of action; impugned decision