Judgment No. 1851
1. The ITU shall pay the complainant, within four months of the date of this judgment, the sum of 40,000 Swiss francs.
2. The ITU shall pay the complainant a sum of 4,000 francs in costs.
The organization rejected the complainant's application for a temporary job covering the duties he had performed until then under short-term contracts. The defendant contends that the decision was based on its practice which established an age limit. "It is a well-established principle that the existence of written law does not need to be proved: the presumption juris et de jure assumes cognisance of written law. However, non-written rules have to be proved by those who invoke them. In the material case, the Tribunal has not found the slightest proof of the alleged practice. It cannot decide on a rule whose existence has not been proven. The absence of proof as to the existence of the rule invoked by the union means that its decision has no legal basis."
burden of proof; practice; written rule; duty to be informed; ignorance of the rules; duty to know the rules; presumption