On 3 October 2024, the Administrative Tribunal registered appeal No. 765/2024 – L. Y. v. Secretary General of the Council of Europe.

The appellant is a former staff member of the Council of Europe, employed under a fixed-term contract in grade B2 until 31 December 2023. The appellant contests the decision not to act on her formal complaint of harassment, following the investigation report concluding that harassment had not been proven.

The appellant claims, first, that the contested decision and the investigation report on which that decision was based are vitiated by a manifest error of assessment in that they conclude that there is no evidence to justify the alleged harassment. Furthermore, the appellant complains that the Organisation failed to fulfil its obligations in relation to the alleged harassment, both procedurally and substantively. In this regard, she considers that it was the failure of the Organisation to comply with its obligations regarding the well-being at work of staff members and respect for their integrity and dignity that made it possible for her to be subjected to harassment. The appellant further complains that she was not given full access to the information that enabled the Organisation to take its decision not to act on her complaint. She considers moreover that the investigation has not been conducted thoroughly. 

On those grounds, the appellant asks the Tribunal to annul the contested decision, to find that she has been subjected to psychological harassment, to declare that the Organisation failed in its duty to prevent harassment and to order it to act on her formal complaint of harassment. The appellant also seeks compensation for the non-material damage suffered and reimbursement of the costs of the proceedings.

The indication of the subject-matter of the appeal is based on the details given by the appellant when the appeal was lodged and it is not binding on the Tribunal.

This information is given to enable those who so wish to exercise their right to intervene under Article XI of the Statute of the Administrative Tribunal.