Judgment No. 4523
The complaint is dismissed.
The complainant challenges the decision to temporarily reassign him to another post following his allegations of harassment against his supervisor, as well as administrative measures taken in relation to his performance during his temporary reassignment.
reassignment; complaint dismissed
[T]he temporary reassignment, upon the complainant’s own request and at the same grade and step, though the title of the position had been originally mislabelled, was not motivated in any way by bad faith, nor abuse of authority. The complainant provides no evidence to the contrary. The Tribunal is satisfied that the temporary reassignment was neither a demotion, nor a hidden disciplinary sanction.
[T]he delay itself is not enough to award damages. The complainant bears the burden of proof and he must provide evidence of the injury suffered, of the alleged unlawful act, and of the causal link between the unlawful act and the injury (see Judgments 3778, consideration 4, 2471, consideration 5, and 1942, consideration 6). The Tribunal finds that the complainant has not articulated the adverse effects of the delay and supported them with evidence (see Judgments 4493, considerations 7-8, and 4487, consideration 14).
ILOAT Judgment(s): 1942, 2471, 3778, 4487, 4493
delay; burden of proof; causal link
It is well settled in the Tribunal’s case law that the complainant bears the burden of proving allegations of bias, prejudice and malice (see, for example, Judgments 3380, consideration 9, and 4382, consideration 11).
ILOAT Judgment(s): 3380, 4382
burden of proof; bias; malice
The Tribunal’s case law has it that “decisions which appear to be managerially justified when taken individually, can amount to institutional harassment when the accumulation of repeated events of mismanagement or omissions, for which there is no reasonable explanation, deeply and adversely affect the staff member’s dignity and career objectives” (see, for example, Judgment 4345, consideration 8; see also Judgments 3250, 4111 and 4243).
ILOAT Judgment(s): 3250, 4111, 4243, 4345
harassment; institutional harassment