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: 209

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



  • Judgment 495


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Suspicion means that the facts from which the inferences were drawn may be susceptible of either a guilty or an innocent explanation. An innocent explanation which is credible in a single case may cease to be credible when [...] applied to a number of similar cases; by this means the doubt which defeats proof in a single case may be removed. But there must be enough evidence within the case that is being judged to create a suspicion that prejudice is at work. Where there is not the slightest evidence of prejudice within the case itself, it cannot be proved by proving prejudice in other cases."

    Keywords:

    bias; evidence; presumption;

    Consideration 16

    Extract:

    "The first and greatest safeguard against the operation of prejudice lies in the procedural requirements which every set of Staff Regulations contains and whose main object is to exclude improper influences from an administrative decision, [thus] proof of prejudice is rendered unnecessary when procedural requirements have not been observed."

    Keywords:

    bias; evidence; staff regulations and rules;

    Consideration 14

    Extract:

    "Prejudice is usually concealed and so its existence usually has to be established by inference. When the facts of a single case are sufficiently strong to establish an inference, there is no need to examine other cases. But they may be strong enough to create only a suspicion falling short of complete proof of the allegation; an example is the case of Q. [Judgment 447]. In such a case proof of a similar suspicion in similar cases becomes relevant."

    Reference(s)

    ILOAT Judgment(s): 447

    Keywords:

    bias; evidence; presumption;



  • Judgment 494


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Director was being extremely critical of the activities of the Staff Committee, considering it as an unrepresentative minority of the staff association [...]. The suggestion made by the complainant that the transfer was designed to impede her activities as vice-chairperson by removing her from headquarters and to punish her for the Committee's attitude is therefore one which must be seriously examined. [...] Even if it were to be assumed that the Director was in general pursuing a policy of handicapping or penalising staff activities, he did not in this case carry it through [...]. There is no evidence of any personal hostility [...]. The transfer was a transfer of a programme rather than of a person."

    Keywords:

    bias; evidence; hidden disciplinary measure; lack of evidence; reorganisation; staff representative; staff union activity; transfer;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3 (B)

    Extract:

    "The mere fact that [the complainant] has not since [the date his post was abolished] been replaced shows that the post has gone."

    Keywords:

    abolition of post; evidence;

    Consideration 7

    Extract:

    A letter from the Director to an official of the organization may be regarded as evidence of hostility towards the complainant as well as an act of sound administration; the telephone conversation between the Director and a member of the government is open to more than one interpretation. However, after informing the complainant in March that his appointment would end in June, the organization extended his appointment several times, "and thereby displayed genuine consideration. The Tribunal cannot therefore find that the allegation of personal prejudice is proved."

    Keywords:

    abolition of post; bias; contract; evidence; fixed-term; lack of evidence; non-renewal of contract;



  • Judgment 456


    46th Session, 1981
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Under the general rules on the burden of proof it is for the sender to establish the date on which a communication was received. If he sends a letter by registered post or an official notice of acknowledgement for completion by the addressee he can easily furnish the proof. If he sends it by ordinary mail he may be unable to do so, and then, for want of evidence as to the actual date of receipt, the Tribunal will accept what is said by the addressee."

    Keywords:

    burden of proof; date of notification; decision; evidence; lack of evidence;



  • Judgment 447


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    There had been tension between the Director and the staff association. The complainant, a member of the association, was transferred against her wishes. She insists that she was the victim of a disguised disciplinary sanction: she was transferred hastily and over her objections. But the transfer was part of a general plan which had been drawn up much earlier. There is nothing to suggest that its intention was to mask a sanction. The complainant was not especially active in the staff association. There being uncertainty about the real grounds for the impugned decision, the Tribunal will not regard as proved her allegation of a breach of the right of association.

    Keywords:

    evidence; freedom of association; hidden disciplinary measure; lack of evidence; staff representative; staff union; staff union activity; transfer;

    Consideration 8

    Extract:

    Under the material provision, an official may appeal against any measure or decision tainted with personal prejudice against him; it is sufficient that he has suffered treatment which is not warranted on any objective grounds. "That is so in the present instance. Despite her age and work record the complainant was suddenly transferred to a post which did not suit her and no thought was ever given to finding a solution which would more closely match her legitimate interests. Only prejudice can account for such a lack of consideration".

    Keywords:

    bias; evidence; grounds; staff member's interest; transfer;



  • Judgment 405


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "That [the reports] were less favourable than the ones written by [a] predecessor is no proof of any prejudice against the complainant."

    Keywords:

    bias; different appraisals; evidence; performance report; work appraisal;



  • Judgment 390


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The letter was delivered by hand at the complainant's residence, and the complainant does not deny that the letter was accepted at his residence nor offer any explanation as to what could thereafter have happened to it. "The complainant admittedly received this letter; he did not reply to it denying receipt of the memorandum. In these circumstances the Tribunal finds that the complainant was notified of the decision on 13 January and that consequently the complaint was not filed in time."

    Keywords:

    complaint; date of notification; decision; evidence; time bar; time limit;



  • Judgment 367


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "When outstanding considerations are overlooked, it suggests that the matter is not being examined objectively; and this in turn suggests in the case of competent examiners [...] that it is prejudice rather than lack of perception that is at work." In the present case "it was not on the evidence a prejudice against the complainant but a prejudice for [someone else]."

    Keywords:

    bias; evidence;



  • Judgment 360


    41st Session, 1978
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant alleges that he received a promise from the Director of personnel [...] at the time of his appointment. There is no need to question that official, who has now retired, to establish that no such promise was made." It appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. No trace is to be found of any real promise. Had the complainant been given one, he would presumably have produced it."

    Keywords:

    evidence; lack of evidence; pension; pension entitlements; promise; terms of appointment; transfer of pension rights;



  • Judgment 354


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    A "covert disciplinary sanction may constitute an abuse of authority and should be borne out by the documents in the dossier."

    Keywords:

    disciplinary measure; evidence; hidden disciplinary measure; misuse of authority;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[F]or jurisdiction to be conferred on the Tribunal the complainant must establish that there was a binding contract of appointment; but if, as here, there is a dispute about that, it is a dispute which under paragraph 7 [of Article Il of its Statute] the Tribunal is competent to determine."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 7, OF THE STATUTE

    Keywords:

    competence of tribunal; condition; contract; evidence;

    Consideration 4

    Extract:

    The jurisdiction of an appeals committee need not necessarily be the same as the jurisdiction of the Tribunal. "It would be neither irrational nor inconvenient if the question whether a contract of appointment had or had not been concluded was left outside the jurisdiction of a committee designed to deal with staff grievances rather than with questions of law."

    Keywords:

    competence; competence of tribunal; contract; evidence; internal appeals body; offer;



  • Judgment 334


    40th Session, 1978
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    There is no need to consider the complainant's allegation of bias. "The Tribunal merely observes that the [decision to terminate the complainant for abolition of post] would be tainted with abuse of authority only if there had been no objective grounds for it." In the instant case there were such grounds.

    Reference(s)

    Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES

    Keywords:

    abolition of post; bias; decision; evidence; grounds; lack of evidence; misuse of authority; termination of employment;



  • Judgment 307


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    There can be a binding contract before a letter of appointment has been issued. "There is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement."

    Keywords:

    condition; contract; definition; evidence; intention of parties;

    Consideration 5

    Extract:

    The complainant relies on an interview with an official acting as the spokesman of the organisation "and upon the previous correspondence between himself and the organisation. It is quite often the case that, when a contract of this sort has been concluded, it will be followed by a formal document; in the case of a large organisation which is accustomed to use its own forms, there will almost certainly be a letter of appointment. This does not mean that there can be no binding contract until the letter of appointment".

    Keywords:

    contract; evidence; formal requirements;



  • Judgment 292


    38th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The provision on school fees "provides for an allowance and not the reimbursement of fees; it does not require proof of the amount actually spent".

    Keywords:

    allowance; condition; education expenses; evidence; refund;



  • Judgment 267


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant had reached retirement age and his employment was not extended by the Director-General. "[I]t does not appear from the dossier that on his return to headquarters the complainant was promised any further appointment." Nor did the material letter "imply any such promise, particularly since it was not addressed to the complainant."

    Keywords:

    age limit; consequence; contract; evidence; headquarters; lack of evidence; offer; promise; retirement; transfer;



  • Judgment 235


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Tribunal's decision is subject to the specific circumstances of each case. It "is not to be taken as laying it down that death in a country to which an official is assigned and which lacks ordinary medical facilities can never be attributed to the performance of official duties."

    Keywords:

    cause; death; duty station; evidence; field; illness; service-incurred;



  • Judgment 207


    30th Session, 1973
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]he complainant is not legally obliged, particularly in a disciplinary case, to disprove the charges against him, since it is materially impossible for him to do so, and it is for the Tribunal to judge, in the light of the evidence submitted by the two parties", whether the charges are borne out.

    Keywords:

    appraisal of evidence; burden of proof; disciplinary measure; disciplinary procedure; disclosure of evidence; evidence; misconduct; tribunal;



  • Judgment 190


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The minutes in question "merely show the organization's wish to find some means of retaining the complainant's services after the expiry of his appointment [...] and the attempts made to that end. They contain no promise either of a further extension or of a new appointment, still less any commitment." The complainant "could not justifiably rely on the [...] assurances [...] given to him by certain officials" in respect of an extension.

    Keywords:

    contract; evidence; fixed-term; lack of evidence; non-renewal of contract; offer; promise;



  • Judgment 172


    26th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    No real inquiry was made. The allegations against complainant were improbable. "The Tribunal can only find that the facts leading to the imposition of the sanction are in no way proved and decide that the impugned decision should be quashed. There is no reason to order the complainant's reinstatement, which in any case he does not claim; his entitlement to compensation for the injury suffered by him should, however, be considered.

    Keywords:

    damages; evidence; injury; inquiry; lack of evidence; serious misconduct;



  • Judgment 170


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Even assuming that the project manager was at fault, the complainant's guilt is not thereby ruled out. [I]n short, all the circumstances of the case suggest that the complainant's guilt should be regarded as established with a probability approaching certainty."

    Keywords:

    conduct; evidence; presumption; serious misconduct;

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


 
Last updated: 14.07.2020 ^ top