Judgment No. 4549
1. The impugned decision of 30 October 2018 is set aside.
2. The matter is remitted to the ILO in accordance with considerations 10 and 11 for a new investigation.
3. The ILO shall pay the complainant costs in the sum of 3,000 Swiss francs.
4. All other claims are dismissed.
The complainant challenges the Director-Generalís decision to reject her harassment complaint.
complaint allowed; case sent back to organisation; harassment
According to the Tribunalís case law, where an investigation into allegations of harassment is seriously flawed, the Tribunal in principle remits the matter to the organization concerned so that a new investigation can be conducted (see, for example, Judgment 4313, consideration 8, and Judgment 4111, consideration 8). In some specific situations the Tribunal may determine whether the harassment occurred (see, for example, Judgment 4241, consideration 15, and Judgment 4207, consideration 21). But in the present case, the Tribunal is satisfied it would not be appropriate to do so. In particular, given that the complainant is still employed by the ILO, in the event that a properly conducted investigation demonstrates that she was the victim of harassment, appropriate measures from the ILO may be warranted.
ILOAT Judgment(s): 4111, 4207, 4241, 4313
case sent back to organisation; harassment; investigation
The failure, without valid grounds and notwithstanding the discretion conferred by paragraph 9 of Article 13.4 of the Staff Regulations, to hear witnesses potentially supportive of the complainantís allegations constituted a breach of due process (see Judgment 4111, consideration 3). The complainantís allegation is therefore well founded. As this error of law vitiates the validity of the investigation report, which forms the basis of the impugned decision, that decision must be set aside, without there being any need to address the complainantís other pleas (see Judgments 4313, consideration 7, and 4110, consideration 5).
ILOAT Judgment(s): 4110, 4111, 4313
testimony; due process; harassment; witness; investigation; investigation report