Judgment No. 4014
The complaint is dismissed.
The complainant challenges the decision to investigate his harassment complaint by an external investigator and not by an investigation panel provided for in the applicable rules.
inquiry; harassment; investigation; complaint dismissed
Even if some members of the Investigation Panel believed that they were not in a conflict of interest position and could perform their functions impartially, the fact that the complainant was a member of a small group of nine staff members on the Investigation Panel meant that a perception of conflict of interest could not be avoided. It is also observed that there is no evidence that the complainant was targeted because of the roles he played. His harassment complaint was referred to an external investigator because of the conflict of interest problem and for no other reason. The FAO was entitled to take this step of referring the matter to an external investigator and there was no legal error in it doing so.
conflict of interest
[I]n the complaint form submitted to the Tribunal, the complainant seeks “moral damages for the delay in the internal complaint and appeals process”. As the complainant did not make any submissions in his brief in relation to this claim, it will not be considered.
moral injury; delay; internal procedure
[I]n his brief, the complainant attempted to incorporate by reference his pleading in the internal appeal process. The Tribunal has on many occasions stated that it is not acceptable to incorporate by reference into the pleadings before the Tribunal arguments, contentions and pleas found in documents created for the purposes of internal review and appeal (see Judgment 3920, under 5, and judgments cited therein). Accordingly the Tribunal did not have regard to those documents.
ILOAT Judgment(s): 3920