Judgment No. 4392
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision to withdraw the disciplinary sanction of reprimand and remove it from her personal file.
Judgment keywords
Keywords
personal file; complaint dismissed
Consideration 2
Extract:
The complainant’s request for oral proceedings will [...] be rejected as the Tribunal is sufficiently informed of all aspects of the case to consider it fully on the material which the parties have provided.
Keywords
oral proceedings
Consideration 5
Extract:
[T]he complainant’s request to declare the opinion of the Appeals Committee null and void is irreceivable as the Appeals Committee has authority to make only recommendations, not decisions (see, for a similar case, Judgment 2113, consideration 6).
Reference(s)
Jugement(s) TAOIT: 2113
Keywords
internal appeals body
Consideration 9
Extract:
In any event the contested reprimand had been withdrawn. Accordingly, the issue whether the defence and the annex should still be added to the complainant’s personal file is without object. Furthermore, any document that a permanent employee wishes to add to the personal file must be, in accordance with Article 32(1)(b), related to documents contained in the personal file. As the reprimand was withdrawn, no documents commenting on it can be added to the personal file by the complainant.
Keywords
personal file
Consideration 11
Extract:
[The complainant’s] request for moral damages [...] will be rejected as she has failed to articulate by evidence, rather than by conjecture, the impact which the insertion of the reprimand into her personal file had upon her.
Keywords
personal file; reprimand; moral damages
Consideration 12
Extract:
[T]he two-year period within which the Appeals Committee provided its opinion after the complainant lodged her internal appeal was not unreasonable in the circumstances of this case. Moreover, she has not articulated the adverse impact which the alleged delay had on her (see, for example, Judgments 4231, consideration 15, and 4147, consideration 13). The Tribunal accordingly rejects the request for compensation for procedural delay.
Reference(s)
Jugement(s) TAOIT: 4147, 4231
Keywords
moral damages; delay in internal procedure
Consideration 13
Extract:
The Tribunal determined that […] costs [for the internal appeal proceedings] may only be awarded under exceptional circumstances (see, for example, Judgments 4157, consideration 13, and 4217, consideration 12), which do not exist in the present case.
Reference(s)
Jugement(s) TAOIT: 4157, 4217
Keywords
costs for internal appeal procedure
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