ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Evidence (144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157,-666)

You searched for:
Keywords: Evidence
Total judgments found: 205

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >

  • Judgment 4118


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the findings of the Medical Committee according to which his invalidity is not of occupational origin.

    Consideration 7

    Extract:

    The Tribunal notes that, according to the latest correspondence submitted by the parties, the Office did ultimately provide the complainant with a copy of his medical file including, in particular, the [...] report of Dr V. However, the complainant is still not satisfied on this point, as he asserts that the file that was provided to him is incomplete and its contents unlawful. But in any case, that claim, made after the close of the written proceedings, cannot be considered by the Tribunal in the context of the present judgment.

    Keywords:

    closure of written proceedings; evidence;



  • Judgment 4115


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to downgrade him for serious misconduct.

    Consideration 7

    Extract:

    Contemporaneous documents are often more reliable than subsequent oral testimony.

    Keywords:

    evidence; testimony;

    Consideration 15

    Extract:

    The complainant sought moral damages by way of relief but advanced no evidence, or even argument, to support this claim.

    Keywords:

    evidence; moral damages;



  • Judgment 4111


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 4

    Extract:

    [S]ince some of the statements gathered by the investigator were neither recorded nor summarized as such in the investigation report or the annexes thereto, the complainant was unable to respond to them in the comments that he was invited to submit to HRD concerning the report. Nor was he able to verify whether the investigator, in her report, had correctly interpreted the statements of which no minutes were taken. According to the Tribunal’s case law, a complainant must have the opportunity to see the statements gathered in order to challenge or rectify them, if necessary by furnishing evidence (see Judgments 3065, consideration 8, and 3617, consideration 12). This did not occur in this case with regard to the unrecorded statements.
    The Tribunal therefore considers that, in these circumstances, the adversarial principle was disregarded. This plea is well founded.

    Reference(s)

    ILOAT Judgment(s): 3065, 3617

    Keywords:

    adversarial proceedings; due process; duty to inform; evidence; procedural flaw; report; right to be heard; testimony;



  • Judgment 4110


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that he was subjected to harassment and that the investigation into his allegations of harassment was flawed.

    Consideration 4

    Extract:

    [S]ince some of the statements gathered by the investigator were neither recorded nor summarized as such in the investigation report or the annexes thereto, the complainant was unable to respond to them in the comments that he was invited to submit to HRD concerning the report. Nor was he able to verify whether the investigator, in her report, had correctly interpreted the statements of which no minutes were taken. According to the Tribunal’s case law, a complainant must have the opportunity to see the statements gathered in order to challenge or rectify them, if necessary by furnishing evidence (see Judgments 3065, consideration 8, and 3617, consideration 12). This did not occur in this case with regard to the unrecorded statements.
    The Tribunal therefore considers that, in these circumstances, the adversarial principle was disregarded.

    Reference(s)

    ILOAT Judgment(s): 3065, 3617

    Keywords:

    adversarial proceedings; due process; duty to inform; evidence; inquiry; right to be heard; testimony;

    Consideration 3

    Extract:

    The parties do not dispute that the complainant had requested that the colleagues who had also filed a harassment grievance be heard as witnesses, which was refused. [...] In the present case, the refusal, without valid grounds, to hear witnesses with regard to the complainant’s allegations constitutes a breach of due process.

    Keywords:

    adversarial proceedings; due process; evidence; harassment; inquiry; right to be heard; testimony; witness;



  • Judgment 4109


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 4

    Extract:

    [S]ince some of the statements gathered by the investigator were neither recorded nor summarized as such in the investigation report or the annexes thereto, the complainant was unable to respond to them in the comments that she was invited to submit to HRD concerning the report. Nor was she able to verify whether the investigator, in her report, had correctly interpreted the statements of which no minutes were taken. According to the Tribunal’s case law, a complainant must have the opportunity to see the statements gathered in order to challenge or rectify them, if necessary by furnishing evidence (see Judgments 3065, consideration 8, and 3617, consideration 12). This did not occur in this case with regard to the unrecorded statements.
    The Tribunal therefore considers that, in these circumstances, the adversarial principle was disregarded.

    Reference(s)

    ILOAT Judgment(s): 3065, 3617

    Keywords:

    adversarial proceedings; due process; duty to inform; evidence; procedural flaw; report; right to be heard; testimony;



  • Judgment 4108


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, alleges that she was subjected to harassment and that the investigation into her allegations of harassment was flawed.

    Consideration 4

    Extract:

    [S]ince some of the statements gathered by the investigator were neither recorded nor summarized as such in the investigation report or the annexes thereto, the complainant was unable to respond to them in the comments that she was invited to submit to HRD concerning the report. Nor was she able to verify whether the investigator, in her report, had correctly interpreted the statements of which no minutes were taken. According to the Tribunal’s case law, a complainant must have the opportunity to see the statements gathered in order to challenge or rectify them, if necessary by furnishing evidence (see Judgments 3065, consideration 8, and 3617, consideration 12). This did not occur in this case with regard to the unrecorded statements.
    The Tribunal therefore considers that, in these circumstances, the adversarial principle was disregarded.

    Reference(s)

    ILOAT Judgment(s): 3065, 3617

    Keywords:

    adversarial proceedings; due process; duty to inform; evidence; inquiry; procedural flaw; right to be heard; testimony;



  • Judgment 4106


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to apply to him the sanction of discharge.

    Consideration 12

    Extract:

    As the Tribunal stated in Judgment 3872, under 2, “[c]onsistent precedent has it that decisions which are made in disciplinary cases are within the discretionary authority of the executive head of an international organization and are subject to limited review. The Tribunal will interfere only if the decision is tainted by a procedural or substantive flaw (see Judgment 3297, under 8). Moreover, where there is an investigation by an investigative body in disciplinary proceedings, the Tribunal’s role is not to reweigh the evidence collected by it, as 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 Judgment 3757, under 6)”.

    Reference(s)

    ILOAT Judgment(s): 3297, 3757, 3872

    Keywords:

    disciplinary procedure; evidence; judicial review; manifest error;



  • Judgment 4101


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.

    Consideration 16

    Extract:

    Where any internal appeal body has heard evidence and made findings of fact, the Tribunal will only interfere in the case of manifest error (see Judgment 3831, consideration 28, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 3831

    Keywords:

    evidence; internal appeals body; manifest error;



  • Judgment 4091


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant primarily challenges the amount of compensation offered to her by the IAEA in respect of a harassment complaint.

    Consideration 17

    Extract:

    [T]he complainant is asking the Tribunal to reweigh the evidence. As stated in Judgment 3593, under 12, the Tribunal has consistently held:
    “[...] that it is not the Tribunal’s role to reweigh the evidence before an investigative body which, as the primary trier of fact, has had the benefit of actually seeing and hearing many of the persons involved, and of assessing the reliability of what they have said. For that reason such a body is entitled to considerable deference. So that where in the present case the Investigation Panel has heard evidence and made findings of fact based on its appreciation of that evidence and the correct application of the relevant rules and case law, the Tribunal will only interfere in the case of manifest error.”
    (See also Judgments 3995, under 7, 3882, under 13, and 3682, under 8.)

    Reference(s)

    ILOAT Judgment(s): 3593, 3682, 3882, 3995

    Keywords:

    evidence; inquiry; internal appeals body; judicial review; manifest error; testimony;



  • Judgment 4077


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU applies for interpretation and review of Judgment 3928 alleging errors of fact, inter alia, and asserts that it is impossible to give effect to the Tribunal’s order to reinstate the complainant. The complainant applies for execution of Judgment 3928.

    Consideration 6

    Extract:

    The UPU submits that the transcripts of the April 2018 meetings of the Council of Administration annexed to the complainant’s submissions are irreceivable as they are not official transcripts. It asserts that these transcripts were made by the complainant, and that the Summary Record provided by the Secretary General of the Council of Administration, which was not prepared in transcript format, is the only official record of the meetings of the Council of Administration. The Tribunal acknowledges that the contested annexes are unofficial documents but observes that although the UPU states that these documents were not “confirmed or verified”, it does not contest specifically any part of them.

    Keywords:

    evidence;



  • Judgment 4026


    126th Session, 2018
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify her post.

    Consideration 5

    Extract:

    The Tribunal has consistently stated that it is not its role to reweigh the evidence before an internal appeal body. In addition, where an internal appeal body has heard evidence and made findings of fact, the Tribunal will only interfere if there is manifest error (see Judgment 3439, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 3439

    Keywords:

    evidence; internal appeals body;



  • Judgment 4024


    126th Session, 2018
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify her post.

    Considerations 6-9

    Extract:

    [I]t is not the role of the Tribunal to reweigh the evidence before an internal appeal body. In addition, where an internal appeal body has heard evidence and made findings of fact, the Tribunal will only interfere if there is manifest error (see Judgment 3439, consideration 7). [...]
    In the Tribunal’s view, there was sufficient evidence upon which the Joint Appeals Board could have concluded, as it did, that the reclassification process was conducted in accordance with the relevant provisions of AM.II/3. The Tribunal also notes that reasons were given for the decision not to reclassify the complainant’s post. In short, the Tribunal is not persuaded that the results of the evaluation or of the reclassification exercise involved a mistaken conclusion (see Judgment 3589, consideration 4). In the foregoing premises, the complainant was not financially disadvantaged by the decision not to reclassify her post.

    Reference(s)

    ILOAT Judgment(s): 3439, 3589

    Keywords:

    evidence; internal appeals body;



  • Judgment 4019


    126th Session, 2018
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant her a promotion in the 2013 promotion exercise.

    Considerations 8-9

    Extract:

    In response to its request that Eurocontrol forward the Promotion Board’s report on the disputed promotion exercise in order that it might examine it in camera, the Tribunal was informed that the Board had not drawn up any such reports since 2010. This practice, which is unusual to say the least, makes it impossible for the Tribunal to ascertain whether the complainant’s merits were in fact examined by the Board, as the defendant organisation alleges. However, even if this had been the case, which is extremely doubtful in light of the submissions in the file, the examination would have been distorted by the absence of any support for the promotion proposal from the complainant’s supervisors during the consultations preceding the Board’s deliberations, which was due to the above-mentioned administrative error.
    This procedural flaw breached the complainant’s right to benefit from a fair and informed comparison of her merits with those of other servants who were eligible for the same grade promotion, which renders unlawful the decision taken with regard to her at the end of the promotion exercise.

    Keywords:

    evidence;



  • Judgment 3964


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on him the disciplinary measure of dismissal for serious misconduct.

    Consideration 18

    Extract:

    The complainant’s argument is that the decision of the President was based on evidence “not available to the complainant”. However this plea conflates evidence with the record of evidence. It is not suggested by the complainant in his pleas that he or his legal representatives did not attend the oral hearing. Accordingly, he was aware of the evidence and it was thus available to him even if, as a matter of fact, he had not been furnished with a transcript. This plea is unfounded and is rejected.

    Keywords:

    due process; evidence;



  • Judgment 3933


    125th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate his appointment.

    Consideration 11

    Extract:

    The first topic concerns the provision to the Appeals Committee of a memorandum setting out the reasons of the Director, CIO for not accepting the complainant’s reassignment to the position of Chief, Global Operations Branch, CIO. The FAO does not contest that the document was provided to the Committee but not the complainant but notes, as the Appeals Committee did in its report, that the document was marked “strictly confidential”. However this does not provide a basis for exceptionally not providing the complainant with a copy of a document, and potentially an important document, in adversarial proceedings such as the internal appeal where the document is relied on by the Organization (see, for example, Judgments 3688, consideration 29, 3586, consideration 16, and 3862, consideration 11). The complainant was entitled to see the evidence advanced by the FAO in the internal appeal in order to equip him to provide rebutting evidence or to otherwise question the evidence or comment on it. The complainant was denied this opportunity. He is entitled to moral damages.

    Reference(s)

    ILOAT Judgment(s): 3586, 3688, 3862

    Keywords:

    adversarial proceedings; confidential evidence; evidence;



  • Judgment 3927


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to suspend her without pay for three months for misconduct.

    Consideration 11

    Extract:

    The complainant was provided with summaries of the interviews of Ms E. and Ms B., as well as her own, and was given ample opportunity to comment on them, of which she availed herself. The auditors found that, in substance, the alleged statements had in fact been made by the complainant, based solely on the three witness testimonies (of Ms B., Ms E. and the complainant). The auditors were tasked only with a fact-finding investigation, so they made no qualitative judgement on the complainant’s statements in question and merely limited themselves to verifying whether or not the incident had occurred. Considering this, and the fact that the complainant had a summarized version of each of the interviews, she had all the evidence on which the authority based its decision (see Judgment 3863, under 18).

    Reference(s)

    ILOAT Judgment(s): 3863

    Keywords:

    adversarial proceedings; evidence;



  • Judgment 3919


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director-General’s decision to reject her claim for compensation for service-incurred illness.

    Considerations 13 & 14

    Extract:

    Contrary to WHO’s assertion, there is no evidence to support its contention of the ACCC having made a thorough analysis. [...]
    [I]t is observed that in arriving at the conclusion that there were no valid reasons for the claim to be accepted for consideration, the Director-General did not take into consideration that the progressive nature of the complainant’s illness and all of her relevant surrounding personal circumstances presented valid reasons for making the claim for compensation on the date that she did.

    Keywords:

    compensation; evidence; illness;



  • Judgment 3912


    125th Session, 2018
    International Centre for Genetic Engineering and Biotechnology
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the classification of her post.

    Consideration 13

    Extract:

    With regard to prejudice, the Tribunal relevantly stated the following in Judgment 1775, consideration 7:
    “Although evidence of personal prejudice is often concealed and such prejudice must be inferred from surrounding circumstances, that does not relieve the complainant, who has the burden of proving his allegations, from introducing evidence of sufficient quality and weight to persuade the Tribunal. Mere suspicion and unsupported allegations are clearly not enough, the less so where, as here, the actions of the Organization which are alleged to have been tainted by personal prejudice are shown to have a verifiable objective justification.”

    Reference(s)

    ILOAT Judgment(s): 1775

    Keywords:

    bias; burden of proof; evidence;



  • Judgment 3882


    124th Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him with immediate effect for misconduct.

    Consideration 14

    Extract:

    It is settled principle that the organization must prove its case against a complainant in a disciplinary matter such as this beyond a reasonable doubt.

    Keywords:

    disciplinary procedure; evidence;

    Consideration 9

    Extract:

    As far as the admissibility of the documents is concerned, the Tribunal’s case law states that its practice is to consider any items that are material to a case, but that it will not use a confidential document to the complainant’s detriment unless she or he had the opportunity to see it beforehand (see Judgment 2062, under 5). It has further stated that an item which is material to a case will be admissible unless it was obtained by deceit, or its authenticity is in dispute (see Judgment 1637, under 6). The complainant does not challenge the authenticity of the documents and there is no evidence that they were obtained by deceit.

    Reference(s)

    ILOAT Judgment(s): 1637, 2062

    Keywords:

    evidence;



  • Judgment 3880


    124th Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the Director-General’s finding of misconduct and the imposition of the disciplinary measure of suspension without pay for two weeks, and claims excessive delay in the disciplinary and internal appeal proceedings.

    Considerations 8-9

    Extract:

    It is “well settled case law that the burden of proof rests on an organization to prove the allegations of misconduct beyond a reasonable doubt before a disciplinary sanction is imposed” (Judgment 3649, under 14). It is also well established that a staff member accused of misconduct is presumed to be innocent (Judgment 2879, under 11) and is to be given the benefit of the doubt (Judgment 2849, under 16). It is observed that the FAO did not cite nor is there any support in the case law for its position before the Appeals Committee that the “beyond a reasonable doubt” standard did not apply in this case. Moreover, it conflates two distinct parts of the misconduct process: the finding of misconduct (if proven beyond a reasonable doubt) and the subsequent imposition of an appropriate sanction for the misconduct.
    Based on a reading of the Appeals Committee’s report and the Director-General’s impugned decision, it appears that in each instance the standard of proof applied was whether there was sufficient evidence to support the finding of misconduct. Whether there is sufficient evidence to support a finding of misconduct is a far less onerous evidentiary burden than the requisite “beyond a reasonable doubt” standard of proof. The application of the incorrect standard of proof is a fundamental error of law and requires, on this ground alone, that the impugned decision be set aside.

    Reference(s)

    ILOAT Judgment(s): 2849, 2879, 3649

    Keywords:

    evidence; misconduct; standard of proof;

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >


 
Last updated: 12.08.2019 ^ top