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Judgment No. 3757

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to dismiss him summarily.

Judgment keywords

Keywords

summary dismissal

Consideration 6

Extract:

The impugned decision rightly emphasises that adducing material evidence is especially difficult in cases of corruption or market manipulation where nothing is put in writing by either party and everything often takes place without the involvement of third persons who might be called as witnesses. A staff member who is accused of such dealings is certainly entitled to due process offering him every opportunity to defend his interests, and the burden of proof always falls upon the Administration. However, the latter’s investigation will not be required to culminate in the establishment of absolute proof. All that is needed is a set of precise and concurring presumptions removing any reasonable doubt that the acts in question actually took place (see Judgments 1384, under 10, 3137, under 6, and 3297, under 8).

Reference(s)

Jugement(s) TAOIT: 1384, 3137, 3297

Keywords

evidence; burden of proof; due process

Consideration 6

Extract:

[I]t is not the Tribunal’s role to reweigh the evidence collected by an investigative body the members of which, having directly met and heard the persons concerned or implicated, were able immediately to assess the reliability of their testimony. For that reason, reserve must be exercised before calling into question the findings of such a body and reviewing its assessment of the evidence. The Tribunal will interfere only in the case of manifest error (see Judgments 3682, under 8, and 3593, under 12).

Reference(s)

Jugement(s) TAOIT: 3593, 3682

Keywords

evidence; inquiry; disciplinary procedure; manifest error



 
Dernière mise à jour: 27.03.2019 ^ haut