Judgment No. 2350
Decision
The complaint is dismissed.
Consideration 2
Extract:
The complainant seeks the revision of certain rules and policies. EFTA submits that such a claim is irreceivable. "In this it is clearly correct. Relevantly, the Tribunal is competent only to hear complaints with respect to the non-observance of the terms of appointment or the provisions of EFTA's Staff Regulations and Rules."
Keywords
complaint; claim; receivability of the complaint; competence of tribunal; vested competence; iloat statute; staff regulations and rules; amendment to the rules; breach; provision; terms of appointment
Considerations 17-18
Extract:
The complainant submits that the behaviour of the Administration towards her amounted to harassment since she got only a one-step salary increase, rather than the two proposed by her supervisor, and only a two-year extension of contract rather than the customary three years. The Tribunal considers that such decisions "were decisions which the Secretary-General was entitled to reach in the exercise of his discretion. That being so, such decisions can only be viewed as part of a campaign of harassment if the other events upon which the complainant relies give rise to an inference that these were taken because of hostility, ill will or other improper motive. The complainant has failed to prove harassment."
Keywords
decision; cumulative decisions; grounds; recommendation; burden of proof; lack of evidence; increment; extension of contract; duration of appointment; supervisor; working relations; discretion; executive head; harassment
Consideration 18
Extract:
The Administration accessed the complainant's computer while she was on sick leave. The Tribunal considers that "the events which occurred during the complainant's absence on sick leave were most unfortunate. However [...] it is understandable that, given the urgency attending the Sub-Committee meeting preparations on which the complainant was working, her computer was accessed. [The] matter could and should have been handled with greater sensitivity and with proper regard to the complainant's privacy. Even so, those events fall far short of establishing hostility amounting to harassment."
Keywords
formal requirements; confidential evidence; lack of evidence; organisation's duties; respect for dignity; mitigating circumstances; sick leave; working relations
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