Judgment No. 4616
The complaint is dismissed.
The complainant challenges the decision finding that she had harassed another staff member and imposing a written reprimand on her.
disciplinary measure; reprimand; harassment; complaint dismissed
The request for the disclosure of documents contained in the complainant’s rejoinder shall be dismissed. The Tribunal observes that the request constitutes an impermissible “fishing expedition”. It is aimed at obtaining documents related to issues which are either irrelevant (since the Tribunal has already been provided with all the official documents of the harassment procedure), or outside the scope of the present complaint (such as the documents related to the outcome of the international audit triggered by the report of [...] the complainant’s line manager).
disclosure of evidence
The complainant bears the burden of proof of bias and conflict of interest (see Judgments 4099, consideration 11, and 3380, considerations 9 and 10), and she fails to discharge it.
ILOAT Judgment(s): 3380, 4099
burden of proof; bias; conflict of interest
As the Tribunal’s case law establishes, the executive head of an organisation, when adopting the recommendations of an internal appeal body, is under no obligation to give any further reasons than those given by the appeal body itself. The obligation to give reasons is affirmed only where the executive head of an organisation rejects the conclusions and recommendations of the appeal body (see Judgments 4307, consideration 15, and 3994, consideration 12). Accordingly, having accepted the advice of the Advisory Board, the Secretary-General was under no obligation to provide further reasons for his decision.
ILOAT Judgment(s): 3994, 4307
final decision; motivation of final decision