Ģ��ƵDT/2015/051

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵDT 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 Ģ��Ƶ 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 Tribunal found that the decision not to take any action against the Chief, JMS, rested on the ASG/OHRM based on her consideration of the facts contained in the fact-finding panel��s report. The decision was, however, marred by delay since it was only conveyed to the Applicant seven months after the second investigation into her complaint commenced; hence, the Tribunal awarded the Applicant USD3,000 compensation for moral damage.

Decision Contested or Judgment/Order Appealed

The Applicant appealed the conclusion reached by the ASG/OHRM on her complaint of harassment filed against her supervisor, the Chief, Joint Medical Services (��JMS��) at Ģ��ƵON.

Legal Principle(s)

Review of decisions based on ST/SGB/2008/5: - The Ģ��ƵDT may not conduct a fresh investigation into the allegations of harassment, but may draw its own conclusions from the panel��s report and determine if there was a proper investigation into the allegations.- A request for information from the ASG/OHRM, following the receipt of the fact-finding panel��s report and addressed to the Chief, JMS, and the Director of Medical Services Division, regarding the reasons for requesting the Applicant to obtain a medical report attesting to her fitness for duty and not to enter Ģ��ƵON premises, is tantamount to a request for clarification of the reasons for the facts as found by the investigation, and does not undermine the investigation; hence, it is lawful and does not constitute a breach of the Applicant��s due process rights.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Only financial compensation

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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