CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ JUDGMENT 3640 OF THE ADMINISTRATIVE TRIBUNAL OF THE INTERNATIONAL … managerially justified when taken individually, can amount to institutional harassment when the accumulation of repeated events of mismanagement or omissions, for which there is no reasonable explanation, deeply and adversely affect the staff member’s dignity and career objectives”. 12 “The decisive element is that there is no reasonable explanation for such decisions or acts.” 13 Moral harassment “covers, inter alia, any repeated or persistent aggression, whether physical, verbal or psychological having a negative effect on conditions at the workplace or that may reasonably be expected or perceived at humiliating, demeaning, offending, intimidating an individual or a group of individuals, and potentially seriously affecting their health, career or dignity. Acts that constitute moral harassment include but are not limited to the following: (a) Persistent, unjustified and unnecessary negative attacks on personal or professional performance intended to offend the employee; (b) Manipulation of an employee’s personal or professional reputation by rumour, gossip or ridicule; (c) Offensive comments or behaviour relating to the ethnic origin, physical characteristics or religion of an individual; (d) Exclusion or continued isolation from professional activities.” Sexual harassment “is any unwelcome conduct of a sexual nature that might reasonably be expected or perceived to cause offence or humiliation, when such conduct interferes with work, is made a condition of employment or creates an intimidating, hostile, or offensive work environment. Sexual harassment may occur in the workplace or in connection with work (emphasis added – JH). While typically involving a pattern of conduct, sexual harassment may take the form of a single incident. In assessing the reasonableness of expectations or perceptions, the perspective of the person who is the target of the conduct shall be considered.” “Sexual harassment may invoke any conduct of a verbal, nonverbal or physical nature, including written and electronic communications. Sexual harassment may occur between persons of the same or different gender. Sexual harassment may occur outside the workplace and outside working hours, including travel or social functions related to work. (emphasis added – JH).” “Act(s) that constitute sexual harassment include but are not limited to the following: (a) Attempted or actual sexual assault, including rape; (b) Sharing or displaying sexually inappropriate images or videos in any format; (c) Sending sexually suggestive communications in any format; (d) Sharing sexual or lewd anecdotes or jokes; (e) Making inappropriate sexual gestures, such as pelvic thrusts; (f) Unwelcome touching, including pitching, patting, rubbing or purposefully brushing up against another person; (g) Staring in a sexually suggestive manner; 12 DRAŽEN PETROVIĆ, How Should Harassment Cases be Dealt with in International Organizations? A Concise Guide through the Case Law of the Administrative Tribunal of the International Labour Organization, p. 187, (reference to ILOAT Judgment 4345 omitted). 13 Ibid, p. 188, reference to the relevant ILOAT Judgments is omitted.

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