Evidence (144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157,-666)
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Keywords: Evidence
Total judgments found: 236
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Judgment 648
55th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "The Tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."
Keywords:
appointment; condition; evidence; offer; qualifications;
Judgment 635
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant denies that she was ever in gross breach of the duty of discretion. She claims never to have been in touch with journalists neither herself nor through anyone else. "She can go no further than that since it is impossible to adduce evidence to rebut the charge. Her statement that she did not commit the misconduct she is charged with shifts the burden of proof to the organization. The Tribunal will not require absolute proof, which is almost impossible to provide on such a matter." A set of precise and concurring presumptions would be sufficient.
Keywords:
burden of proof; duty of discretion; evidence; misconduct; organisation; presumption of innocence; serious misconduct; standard of proof;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, whose contract was ended for reasons of health, refused disclosure of his medical file. "He [...] produces several certificates from doctors who have treated him. While not questioning their professional competence, the Tribunal will observe that the certificates have no value as evidence since the complainant refuses to let the who physician state his opinion. The complainant's position has destroyed the parity there should be between the parties, and the Tribunal can restore it only by discounting the medical certificate she has produced."
Keywords:
adversarial proceedings; appraisal of evidence; disclosure of evidence; evidence; health reasons; medical certificate; termination of employment; termination of employment for health reasons;
Judgment 554
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal stated in Judgment No. 486 that "the question for its decision was whether it was within its competence to enforce a rule of policy or practice. The Tribunal found that there was such a rule, but that since it conflicted with a staff rule, it did not create an obligation which the Tribunal was competent to enforce. [...] It is manifest from the judgment that the rule of policy or practice, by whatever evidence its existence was proved, was in this case unenforceable."
Reference(s)
ILOAT Judgment(s): 486
Keywords:
applicable law; application for review; difference; evidence; practice; precedence of rules; provision; staff regulations and rules;
Judgment 540
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Even assuming that [the rule which imposes on the Organization a duty to provide clear and precise information on the charges] was not fully complied with, the evidence which emerged before the Regional Board was so overwhelming that it cannot be said that there has been any miscarriage of justice."
Keywords:
duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;
Judgment 539
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Vide Judgment 540, consideration on the procedural point, paragraph 4.
Reference(s)
ILOAT Judgment(s): 540
Keywords:
duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;
Judgment 528
49th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Though the existence of such a risk [noise levels] is, in the Tribunal's view, a material point, it does not suffice to establish that the complainant's disability was service-incurred".
Keywords:
elements; evidence; illness; service-incurred; working conditions;
Consideration 5
Extract:
The specialists "do no more than concede the likelihood of a causal link between the complainant's impairment and the discharge of his duties." The Internal Appeals Board summed up in cautious wording that "is not such as to allow the Tribunal to declare that the conditions in the [material rules] are fulfilled in the complainant's case. The presumptions in his favour are, with regard to all the points at issue, neither sufficiently precise nor sufficiently concordant".
Keywords:
evidence; illness; lack of evidence; presumption of innocence; service-incurred;
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 of innocence;
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:
abuse of power; 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; abuse of power; 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;
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