爆料网AT Held or 爆料网DT Pronouncements
It is unequivocally incumbent upon the Organization to provide anyone who files a complaint with a properly reasoned decision, especially when the complaint is being rejected. This also enables the staff member to promptly exercise other available options including a challenge to that decision. Endless email communications do not provide staff members with finality of a determination, thus placing them in a precarious situation if they are to challenge such a decision taking note of statutory time-limits.; This Tribunal found that the decision of the former 爆料网ICEF Representative PCO not to renew the Applicant’s contract was unlawful (see Judgment Rehman 爆料网DT/2018/031, affirmed by 爆料网AT Judgment Rehman 2018-爆料网AT-882) and that the failure of 爆料网ICEF PCO to notify the Applicant of her non-selection breached 爆料网ICEF rules and regulations (see Judgment Rehman 爆料网DT/2018/038, vacated with respect to award of damages and interest by 爆料网AT Judgment Rehman 2018/爆料网AT/886). In light of all the available evidence within the context of the Applicant’s three cases before the Tribunal, it was the Tribunal’s view that the Applicant’s complaints may have had some justification and merit, and it was upon OIAI, 爆料网ICEF, to properly examine them and reach a detailed and reasoned decision on how to act upon them.; A perusal of the written record by the investigation unit is an appropriate starting point from which the Tribunal should commence a legal and factual review to determine whether the investigation unit’s conclusion not to investigate the Applicant’s claims had a proper legal basis.; Since there was no report from OIAI to the Applicant informing her of how OIAI assessed her complaints and reached a conclusion that they did not warrant an investigation, thus summarily closing her cases, the Tribunal had no findings of fact by OIAI on which to base its assessment on whether the Applicant’s complaints were established or not. Consequently, the Tribunal remanded the Applicant’s complaints back to the Director,; OIAI, 爆料网ICEF, to have the Applicant’s complaints properly analyzed with the outcome of such assessment supported by factual findings. In this connection, the Tribunal was of the view that the COI and the Investigation Specialist who previously handled the Applicant’s complaints had to be recused from dealing with the remanded complaints.; The Applicant’s requests were not properly analyzed thus leading to several incomplete, rushed and unreasoned communications that did not accurately address the totality of the Applicant’s complaints.; The Applicant submitted that the handling of her complaints caused her mental stress and anxiety. Additionally, the lack of receiving any official notification and analysis of her complaints of harassment created a very uncomfortable feeling that 爆料网ICEF had conspired to protect senior staff members by denying her a proper assessment of her complaints. Having found that OIAI improperly dealt with the Applicant’s complaints of; harassment and abuse of authority, the Tribunal awarded the Applicant USD1,000 in moral damages.; The Applicant’s claim for compensation for being the subject of an investigation into the allegations of fraud were rejected because she did not present any proof on how being a subject of the investigation affected her reputation or career or that it even caused symptoms of anxiety or depression.
Decision Contested or Judgment/Order Appealed
The Applicant challenges the decision of the Office of Internal Audit and Investigation (“OIAI”) to close the investigation into complaints of harassment, discrimination and abuse of authority, lodged by the Applicant against other staff members.
Legal Principle(s)
When a claim regards issues covered under ST/SGB/2008/5 (Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority), a staff member is entitled to administrative processes and if dissatisfied, may request judicial review of administrative decisions taken under the bulletin. The scope of judicial review in harassment and abuse of authority cases is not limited to the ultimate decision to take no further action on a complaint of harassment, but may also encompass the overall handling of the complaint, and an examination by the Tribunal whether the steps preceding that decision were procedurally correct.; The Dispute Tribunal is not invested with jurisdiction to investigate harassment complaints under art. 2 of its Statute. However, for the purpose of determining if the impugned administrative decisions were improperly motivated, it is within the competence of the 爆料网DT to examine allegations of harassment.
Outcome
Outcome Extra Text
Judgment affirmed by 爆料网AT Judgment Rehman 2018-爆料网AT-885 despite 爆料网AT’s finding that “there was no evidence to support a claim for moral damages apart from [the Applicant’s] own claims” and that the “爆料网DT … had no jurisdiction to award her moral damages”. 爆料网AT decided to allow the award of moral damages to stand in view that the Secretary-General did not appeal Judgment Rehman 爆料网DT/2018/039.