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Harassment (642, 679, 827,-666)

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Keywords: Harassment
Total judgments found: 105

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  • Judgment 3695


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the EPO’s rejection of his two internal appeals against the Ombudsman’s failure to follow the formal procedure in respect of his harassment complaint and against the President’s decision to reject that harassment complaint.

    Judgment keywords

    Keywords:

    harassment;



  • Judgment 3692


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant who, at the material time, was working as a patent examiner, objects to three of his staff reports, submits that he was subjected to harassment and challenges the rejection of his request for an independent examination of several of his dissenting opinions on patent applications.

    Consideration 18

    Extract:

    In Judgment 2552, under 3, the Tribunal stated that when an accusation of harassment is made, an international organisation must investigate the matter thoroughly and accord full due process and protection to the person accused. The organisation’s duty to a person who makes a claim of harassment requires that the claim be investigated both promptly and thoroughly, that the facts be determined objectively and in their overall context (see Judgment 2524), that the law be applied correctly, that due process be observed and that the person claiming, in good faith, to have been harassed not be stigmatised or victimised on that account (see Judgments 1376, under 19, 2642, under 8, and 3085, under 26).
    Furthermore, the question as to whether harassment has occurred must be determined in the light of a thorough examination of all the objective circumstances surrounding the events complained of. An allegation of harassment must be borne out by specific acts, the burden of proof being on the person who pleads it, but there is no need to prove that the accused person acted with intent (see Judgments 2100, under 13, 2524, under 25, and 3233, under 6, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 1376, 2524, 2552, 2642, 3085

    Keywords:

    harassment;

    Judgment keywords

    Keywords:

    harassment; performance report;



  • Judgment 3682


    122nd Session, 2016
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment for gross misconduct.

    Consideration 18

    Extract:

    It is true, as stated in Judgment 1312, that matters within a staff member’s private life are relevant only to the extent that they may affect the staff member’s performance of official duties. However, an allegation of harassment is not about the performance of official duties. Instead, it concerns an employee’s conduct that has a deleterious impact on the dignity and wellbeing of another employee. It is for this reason that a determination as to whether any particular act or series of acts amount to harassment can only be made after a careful consideration of the relevant events and an examination of them in the broader context. In the present case, there was a real and substantial nexus between the complainant’s conduct and the workplace.

    Keywords:

    harassment;

    Judgment keywords

    Keywords:

    harassment; misconduct;



  • Judgment 3660


    122nd Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his transfer, complaining that he was ousted from his job, without notice or prior consultation, and assigned to a “fictitious job”.

    Consideration 7

    Extract:

    It must be recalled that the Tribunal “has consistently stressed the serious nature of allegations of harassment in the workplace and the need for international organisations to investigate such allegations promptly and thoroughly. This is a function of the organisation’s duty of care to its staff members to uphold their dignity. […] It is in relation to this obligation that the Tribunal […] stated that international organisations have to ensure that an internal body that is charged with investigating and reporting on claims of harassment is properly functioning.” (See Judgment 3337, under 11 and 12.)
    Eurocontrol’s duty of care required it to forward the harassment complaint on its own initiative to the bodies which, it says, are competent to entertain it, or at least to provide the complainant with guidance as to the procedure to be followed, since the legal possibilities it mentions are far from clear to the servants concerned. In failing to do so, the Organisation neglected its duties.

    Reference(s)

    ILOAT Judgment(s): 3337

    Keywords:

    harassment;



  • Judgment 3639


    122nd Session, 2016
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant accuses her former supervisor of moral harassment.

    Judgment keywords

    Keywords:

    harassment;



  • Judgment 3629


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who questioned the authority of the person who issued a warning letter in the context of her performance evaluation, alleges workplace harassment and attacks on her dignity.

    Consideration

    Keywords:

    harassment; respect for dignity; summary procedure;



  • Judgment 3625


    121st Session, 2016
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges inter alia the decision to reject her allegations of harassment without conducting an investigation.

    Judgment keywords

    Keywords:

    harassment; inquiry;



  • Judgment 3624


    121st Session, 2016
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant disputes the non-conversion of her short-term appointment into a fixed-term contract and the fact that her allegations of harassment were not investigated.

    Judgment keywords

    Keywords:

    conversion of a contract; harassment; inquiry;



  • Judgment 3617


    121st Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision requiring her to undergo a medical examination during the investigation of her complaint of harassment and the dismissal of that complaint.

    Judgment keywords

    Keywords:

    harassment; inquiry; medical examination;



  • Judgment 3608


    121st Session, 2016
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the final administrative decision of the Director General by which he dismissed her internal appeal against the decision not to pay her moral damages for harassment and for injury to her dignity and reputation.

    Judgment keywords

    Keywords:

    harassment; host state;

    Consideration 6

    Extract:

    "Insofar as the complainant alleges a failure by the IAEA to investigate, it must be accepted that international organisations have a clear duty to investigate claims of harassment. The Tribunal has repeatedly said that this needs to be done and it is important that it be done (see, for example, Judgments 3413, under 10, 3365, under 26, 2910, under 13, 2973, under 16, and 2642, under 8). If there is a procedure for investigating claims of harassment in the applicable Staff Regulations or Staff Rules or guidelines, it should be followed.
    In the complainant’s memorandum [...] claiming damages, she set out the conduct which justified the claim. She used the word “harassment” twice. On the first occasion she said “the staff members who were dealing with this matter inside the IAEA treated me in a manner which can only be interpreted as a tacit presumption of guilt and which at times verged on harassment”. To say that conduct at times verged on harassment does not involve a clear allegation of harassment and could not reasonably, in this case, be viewed as a claim of harassment which required investigation. Rather, it was, in a sense, an acceptance by the complainant that although the conduct of the staff members was, in her opinion, reprehensible it did not constitute harassment.
    A staff member claiming harassment need not articulate the claim with the clarity or precision that might be expected of a lawyer drafting pleas. Any claim reasonably understood as raising an allegation of harassment must be investigated. However, that is not the position in this matter.
    While the second reference to harassment in the memorandum was more direct, it almost certainly was a reference to the conduct of the Austrian authorities and not the officials of the IAEA. Accordingly, the IAEA has not breached its duty towards the complainant by failing to investigate an allegation of harassment."

    Reference(s)

    ILOAT Judgment(s): 2642, 2910, 2973, 3365, 3413

    Keywords:

    harassment;



  • Judgment 3599


    121st Session, 2016
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former staff member of the ICC, impugns the decision of the ICC Registrar to reject his complaint of harassment and discrimination.

    Judgment keywords

    Keywords:

    harassment;



  • Judgment 3597


    121st Session, 2016
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the relief she was awarded as a result of a harassment complaint she filed with the Federation.

    Judgment keywords

    Keywords:

    harassment;



  • Judgment 3593


    121st Session, 2016
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director-General’s decision to reject his complaint of harassment and retaliation.

    Judgment keywords

    Keywords:

    harassment;



  • Judgment 3580


    121st Session, 2016
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who held the post of Head of UNESCO’s National Office in Kinshasa, contends that she was subjected to harassment.

    Judgment keywords

    Keywords:

    failure to exhaust internal remedies; harassment;



  • Judgment 3579


    121st Session, 2016
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant complains of a breach of his “procedural rights” before the Appeals Board, the discontinuation of two elements of his mobility allowance and harassment.

    Judgment keywords

    Keywords:

    breach; harassment; procedural flaw; right;



  • Judgment 3577


    121st Session, 2016
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the implied rejection of their claims of harassment, undue termination and professional illness.

    Judgment keywords

    Keywords:

    harassment; illness; joinder; service-incurred; termination;



  • Judgment 3545


    120th Session, 2015
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the complaint is time-barred and therefore irreceivable, it is dismissed.

    Judgment keywords

    Keywords:

    harassment; time bar;



  • Judgment 3537


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges a competition procedure and alleges harassment.

    Judgment keywords

    Keywords:

    competition; harassment; joinder;



  • Judgment 3488


    120th Session, 2015
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the Administration’s decision to transfer him, asserting that his transfer was the result of harassment and retaliation.

    Judgment keywords

    Keywords:

    harassment; organisation's interest; transfer;



  • Judgment 3485


    120th Session, 2015
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss his harassment complaint for lack of evidence.

    Consideration 12

    Extract:

    "Lack of intention and lack of bad faith are not defences to a charge of harassment."

    Keywords:

    harassment;

    Consideration 14

    Extract:

    "Normally the Tribunal would have returned this matter to the ICC, directing that the harassment complaint be properly heard. However, considering the time that has elapsed since the period of the alleged harassment and the nature of the evidence that is available, the Tribunal can determine the issue of harassment."

    Keywords:

    harassment;

    Judgment keywords

    Keywords:

    due process; harassment; lack of evidence;

    Consideration 6

    Extract:

    "[R]epeated occurrences of the same or similar conduct may reveal, over time, the harassment of the complainant."

    Keywords:

    harassment;

    Consideration 6

    Extract:

    "The Tribunal’s jurisprudence is that harassing conduct over a long period is evidence which can be relied upon to prove the existence of more recent harassing conduct, and also that harassment can be the cumulative effect of conduct which, in isolation, might not be viewed as harassment (see Judgments 2100, under 13, 2553, under 6, 3318, under 7, 3233, under 6, and 3347, under 8)."

    Reference(s)

    ILOAT Judgment(s): 2100, 2553, 3233, 3318, 3347

    Keywords:

    harassment;

    Consideration 16

    Extract:

    "It is not controverted that some of [the complainant's]complaints went unanswered. This shows that there was a degree of indifference regarding his express concerns. This was not only another aspect of harassment but also a breach of the ICC’s duty of care towards the complainant which, in addition to the breach of due process, entitles him to moral damages [...]."

    Keywords:

    duty of care; harassment; moral damages; moral injury;

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Last updated: 17.01.2020 ^ top