爆料网AT Held or 爆料网DT Pronouncements
In considering the Appellant’s appeal, 爆料网AT found that the appeal was not receivable with respect to the issue of the Appellant’s non-promotion during the 2004-2005 Annual Promotion Session as the issue was not raised before 爆料网DT. 爆料网AT also found that 爆料网DT did not err in finding on the merits that the Appellant had not been subjected to harassment. 爆料网AT noted that there was a proven record of considerable efforts deployed in order to resolve the Appellant’s situation, involving the 爆料网HCR senior management at the highest level and that the High Commissioner personally met the Appellant and participated in the attempts to find an adequate solution. Lastly, 爆料网AT found that 爆料网DT did not err when it found that the onus was on the Appellant to submit the harassment matter to the Inspector General’s Office. 爆料网AT noted that it was clear from the facts that the problem was a managerial issue which 爆料网HCR ought to have solved by assigning the Appellant the work as suggested by the Deputy Head of the Africa Bureau. 爆料网AT dismissed the appeal in its entirety and affirmed 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to rescind his appointment and alleged harassment on part of 爆料网HCR. 爆料网DT held that the procedure followed to rescind the appointment was flawed and ordered the rescission of the contested decision, or, in the alternative, compensation. 爆料网DT ordered that, before pronouncing a decision on the Applicant’s request seeking compensation for damage suffered as a consequence of alleged harassment, 爆料网HCR submit its observations regarding the alleged harassment and damages sustained. The Applicant appealed, arguing that 爆料网DT erred in law in allowing 爆料网HCR to file these observations in order to establish an amount that 爆料网HCR could pay in lieu of rescinding the decision. 爆料网DT found that the allegations of harassment put forward by the Applicant were not established and accordingly rejected the request for compensation.
Legal Principle(s)
With respect to dealing with complaints and grievances, it is up to a complainant, and not management, to make the choice of the process, although managers or supervisors are obligated under paragraph 12 to take all necessary action to address any known act of harassment, sexual harassment or abuse of office.