Judgment No. 4445
The complaint is dismissed.
The complainant challenges the decision to close the procedure regarding his harassment complaint against his former supervisor.
harassment; complaint dismissed
The Appeals Committee concluded that the complainant’s “claims” related to the subject PACE reports were irreceivable because they were the subject of two other internal appeals. The Appeals Committee expressly did not consider any aspect related to those reports which the complainant raised in his internal appeal (subsequently resolved in Judgments 3879 and 4229). This was wrong because the complainant was not seeking to relitigate the issues raised in those complaints in which he challenged the lawfulness of those PACE reports. In the present complaint his central allegation is, in effect, that specific actions by his supervisor during the course of those appraisal procedures support his allegations of harassment and abuse of authority. It is therefore clear that the complainant’s allegations insofar as they may concern those matters are intended to establish an aspect of the unlawfulness of the decision to close his harassment complaint (see, for example, Judgment 4241, consideration 7).
ILOAT Judgment(s): 3879, 4229, 4241
receivability of the complaint; harassment; performance evaluation
The Tribunal accepts that the time between 30 August 2013 when the complainant filed his harassment complaint and his receipt of the impugned decision in November 2018 was too long. However, the complainant has not articulated the effect which the delay has had on him (see, for example, Judgment 4147, consideration 13).
ILOAT Judgment(s): 4147
moral injury; delay in internal procedure