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The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s complaint against said colleague, which was sent on 22 August 2014 to OAIS, was untimely as it had been sent more than eleven months after the Applicant¡¯s placement on Special Leave With Full Pay (¡°SLWFP¡±) in September 2013, when she stopped being in interaction with her colleague, whereas Ä¢¹½ÊÓƵFPA Policy provides for a timelimit of six months to file a complaint following the last incident of harassment. The application was therefore rejected in full.

The Ä¢¹½ÊÓƵDT found that with respect to one of them, Mr. Y., no complaint was ever received by OAIS, and that, hence, the application before the Tribunal was not receivable on that matter as no contestable administrative decision was ever taken with respect to Mr. Y. With regard to the Applicant¡¯s second colleague, Mrs. X., the Tribunal found that an email the Applicant had sent to an Ä¢¹½ÊÓƵFPA Human Resources Associate in August 2013 did not meet the formal requirements of a complaint, as it was not addressed to OAIS pursuant to Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (...

The Ä¢¹½ÊÓƵDT reviewed the procedure followed by the ASG/OHRM to reach her decision to close the complaint, and found that although the Chief, JMS, did not follow the correct procedure of consulting with the Ä¢¹½ÊÓƵ Medical Director about the request for the Applicant not to attend work, it was open to the ASG/OHRM to conclude that the conduct of the Chief, JMS, did not warrant any disciplinary or administrative action. Indeed, the Tribunal considered that the Chief, JMS, faced a complex situation, which included the Applicant¡¯s illness and the potential for disrupting patients of the JMS clinic. The...

The Ä¢¹½ÊÓƵDT found that her first complaint was filed almost nine months after her separation, whereas Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority requires that such complaints be filed within 6 months from the date of the last incident. Additionally, the Tribunal found that as per said Policy, the Applicant had no legal standing to file formal complaints at the time she did so in view that she had been previously separated from service. As a result, the application was rejected.

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaints to OAIS were time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in Ä¢¹½ÊÓƵFPA: Pursuant to sec. 9.3.1 of Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in Ä¢¹½ÊÓƵFPA: Pursuant to sec. 9.3.1 of Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in Ä¢¹½ÊÓƵFPA: Pursuant to sec. 9.3.1 of Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed to OAIS within six...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in Ä¢¹½ÊÓƵFPA: Pursuant to sec. 9.3.1 of Ä¢¹½ÊÓƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The procedure for conducting investigations of allegations of harassment and abuse of authority by staff members of Ä¢¹½ÊÓƵICEF is set out in Administrative Instruction CF/EXD/2012-007. The Applicant provided no evidence that the CF/EXD/2012-007 procedures were not complied with in relation to his case. The undisputed evidence before the Tribunal was that Ä¢¹½ÊÓƵICEF¡¯s independent OIAI discussed the allegations with the Applicant but concluded that it did not merit a comprehensive review and was not a well-founded allegation of prohibited conduct. It proposed alternative recourse, which the Applicant...

The irregularities in the investigative process were egregious and warranted compensation. In addition, during the three years the investigation was delayed, the subject was no longer with the Organization, making it not possible to convene a new investigation.Relief: The Tribunal found the Applicant suffered emotional harm in having to prosecute his complaint for three years, harm to his reputation, and that such harm was demonstrated by the Applicant at trial and observed by the Judge as trier of fact. The Ä¢¹½ÊÓƵDT found the decision of the responsible official to close the case was improper as...