Judgment No. 557
Decision
THE APPLICATION IS DISMISSED.
Considerations 3(C) and 4(C)
Extract:
The complainant is seeking the disclosure of all confidential minutes exchanged between the units of the administration. The organisation "maintains that there are no secret minutes besides those which have been filed in the dossier. The Tribunal accepts this, and [the relevant claim] therefore fails."
Keywords
cause of action; no cause of action; interlocutory order; order; confidential evidence; disclosure of evidence; request by a party
Considerations 3(B) and 4(B)
Extract:
"The complainant must be satisfied with the conclusions of the [...] Board as set out [in] the performance appraisal form. He has no right of access to texts produced for or by the Board." As stated in the material rule, "'the proceedings of the Board shall be regarded as secret'. If that were not so the Board could not act in full independence."
Keywords
confidential evidence; disclosure of evidence; performance report; request by a party
Considerations 3(D) and 4(D)
Extract:
The complainant is seeking an end to the harassment which he has suffered since filing his first complaint. "This claim is irreceivable since the complainant is seeking neither a 'measure of investigation' within the meaning of Article 11 of the Rules of court nor a measure 'intended to establish the existence of facts' within the meaning of Article 19."
Reference(s)
ILOAT reference: ARTICLES 11 AND 19 OF THE RULES
Keywords
receivability of the complaint; order; request by a party
Considerations 3(E) and 4(E)
Extract:
The complainant is seeking the disclosure of the appraisals of his colleagues. According to the Staff Regulations, "personal files shall be confidential. This provision is in the legitimate interests of staff members and its validity is beyond dispute. The complainant may not obtain the disclosure of the appraisal reports on his colleagues, which form part of their personal files."
Keywords
confidential evidence; disclosure of evidence; personal file; request by a party
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