Judgment No. 4512
Decision
The complaint is dismissed.
Summary
The complainant contests the decision of the ICC Registrar to reject his grievance complaint against Mr H. and to close the case.
Judgment keywords
Keywords
harassment; complaint dismissed
Consideration 6
Extract:
As the Tribunal stated in Judgment 1899, in consideration 3, “[d]isciplinary relations between an organisation and a staff member do not directly concern other members of staff or affect their position in law. Consequently, a decision regarding a disciplinary inquiry or a disciplinary measure relating to one staff member will not adversely affect other staff, so the latter will have no cause of action for challenging a disciplinary sanction or a refusal to impose one.” Furthermore, it is worth noting that the Tribunal’s consistent case law has it that ordering that disciplinary action be taken against an alleged harasser is, in any event, outside its jurisdiction (see, for example, Judgments 4313, consideration 11, 4241, consideration 4, 3318, consideration 12, and 2811, consideration 15). The Tribunal finds that the complainant’s allegations and claims based on the ICC’s failure to impose disciplinary measures against Mr H. are irreceivable.
Reference(s)
Jugement(s) TAOIT: 1899, 2811, 3318, 4241, 4313
Keywords
cause of action; competence of tribunal; disciplinary measure; request to subject someone to disciplinary proceedings
Consideration 8
Extract:
Under the Tribunal’s case law, costs in the internal appeal may be awarded only in exceptional circumstances (see Judgment 4217, consideration 12).
Reference(s)
Jugement(s) TAOIT: 4217
Keywords
costs for internal appeal procedure
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