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

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Keywords: Evidence
Total judgments found: 209

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  • Judgment 162


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant contests the validity of his statement admitting participation in the traffic of foreign currency. The particulars of the statement are too detailed to have been invented by third parties. Even if the complainant did not himself draft the statement, he is bound by the signature to the document. He claims to have yielded to threats and improper treatment which are highly improbable and in any case not of such a kind as to force him to confess to imaginary acts of misconduct. The statement must therefore be held to be true.

    Keywords:

    appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;

    Consideration 3

    Extract:

    "The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 161


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Vide Judgment 162, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;

    Consideration 4

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 159


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 162, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 121


    20th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The correspondence on which the complainant relies as indicating the probability of renewal does not amount to a promise or make the renewal a matter of good faith."

    Keywords:

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



  • Judgment 93


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".

    Keywords:

    burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination of employment;



  • Judgment 68


    12th Session, 1964
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant does not supply any shred of proof of the existence of the contract of employment which he alleges was concluded verbally between him and [the organization]." The Co-ordination Committee for International Voluntary Work Camps is a non-governmental organization and is not a service of [the organization]. Neither the fact of maintaining consultative relations with the organization nor the fact of executing tasks and of submitting reports in return for a fee paid by the organization has the effect of conferring on the agents of the Committee the status of employees of the organization. The complaint is irreceivable.

    Keywords:

    burden of proof; competence of tribunal; contract; evidence; lack of evidence; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;



  • Judgment 60


    10th Session, 1962
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration II 2 (A)

    Extract:

    "The complainant does not claim nor establish that during [the material] period her duties and responsibilities justified her being graded M.5, and it must therefore be concluded that she was correctly graded. Moreover, she has not established that other officials had been regraded M.5 although they performed exactly the same duties as she did. Hence she cannot complain of discrimination."

    Keywords:

    equal treatment; evidence; lack of evidence; post classification;



  • Judgment 26


    6th Session, 1957
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant adduces no satisfactory evidence that she suffered any working incapacity [...]. No satisfactory evidence has been adduced to prove that the payment of the sum recommended by the Medical Commission does not fully and generously compensate the complainant for the injury sustained".

    Keywords:

    advisory opinion; amount; compensation; evidence; incapacity; lack of evidence; medical board;

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Last updated: 02.07.2020 ^ top