Judgment No. 2293

• Organization: Organisation for the Prohibition of Chemical Weapons (OPCW)
• Date: 04.02.2004
• Original: English
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Considerations 11-12

Extract:

"While there is no doubt whatever that the Organisation owes a duty of good faith to its staff - '[r]elations between an organisation and its staff must be governed by good faith' (see Judgment 2116) - bad faith must be proved and is never presumed. [...] Although to act in bad faith is always to mismanage, the reverse is not the case and honest mistakes or even sheer stupidity will not, without more, be enough. Bad faith requires an element of malice, ill will, improper motive, fraud or similar dishonest purpose."

Reference(s)

ILOAT Judgment(s): 2116

Keywords

decision; evidence; burden of proof; lack of evidence; good faith; organisation's duties; misconduct; staff member's duties; working relations