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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: 236

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  • Judgment 1745


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The [Organisation] says, quite rightly, that the verbatim record of the Board's hearings does not have the same authority in law as formal minutes. Yet statements made by some witnesses, undoubtedly in good faith, are worth citing."

    Keywords:

    admissibility of evidence; evidence; good faith; internal appeals body; submissions; testimony;



  • Judgment 1732


    84th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    It has been plain "that an allegation of personal prejudice will rarely be susceptible of direct proof and must usually be established by inference: see Judgment 495 [...]. Where there is a rational and legitimate explanation for the decision, however, the Tribunal should not be overzealous to infer bad faith or improper motive simply because the individuals concerned do not enjoy good personal relations."

    Reference(s)

    ILOAT Judgment(s): 495

    Keywords:

    abuse of power; bias; decision; evidence; grounds; misuse of authority; working relations;



  • Judgment 1715


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "In order to be a 'dependent spouse' someone must be not only the dependant but also the 'spouse' of the staff member. As a general rule, and in the absence of a definition of the term, the status of spouse will flow from a marriage publicly performed and certified by an official of the State where the ceremony has taken place, such marriage being then proved by the production of an official certificate. The Tribunal accepts, however, that there may be de facto situations, of which 'traditional' marriages are examples, and which some States recognise as creating the status of 'spouse'. In each such case where there is no definition of 'spouse' it will be up to the staff member to prove not only the existence of the relevant fact but also the precise provisions of local law which give it consequences and the exact nature of those consequences, and he must show that such law is applicable in the context of the Organisation's Staff Regulations and Rules."

    Keywords:

    burden of proof; definition; dependant; domestic law; evidence; insurance benefits; marital status; staff regulations and rules;



  • Judgment 1661


    83rd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant has applied for hearings to take evidence from several witnesses and from himself [...]". The Tribunal holds that there is no need for hearings or from the taking of evidence from the proposed witnesses and gives six reasons why.

    Keywords:

    appraisal of evidence; evidence; oral proceedings; refusal; right to reply; submissions; testimony;



  • Judgment 1659


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The defendant strongly objects to the complainants' producing privileged documents which it says they should never have disclosed without leave from the Secretary-General and which should therefore be discounted. The complainants explain that when still on the staff they were regularly sent such documents. So it is hard to see what is wrong with their relying thereon in pleadings that are confidential anyway."

    Keywords:

    acceptance; confidential evidence; disclosure of evidence; evidence; executive head; iloat; submissions;



  • Judgment 1656


    83rd Session, 1997
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The only basis on which [the complainant] invokes the Tribunal's jurisdiction is that the EMBL has failed to take a decision upon her alleged claims [but] she has failed to establish that she did make them and that they related to the matters which form the subject of this complaint. Her complaint is therefore irreceivable."

    Keywords:

    complaint; evidence; implied decision; internal appeal; internal remedies exhausted; lack of evidence; receivability of the complaint; request by a party;



  • Judgment 1637


    83rd Session, 1997
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant came by and produced the minutes of a meeting of the Advisory Board on Compensation Claims even though the document was privileged. "The Organization objects and in its reply asks the Tribunal to disregard [the minutes]. Yet the [document] forms part of the case records, the complainant did not obtain it by deceit, its authenticity is not in dispute, and in citing it the Organization seeks to belittle its importance. There are no grounds for striking out a text that is material to the case and that in any event the Tribunal might have ordered the defendant to disclose."

    Keywords:

    confidential evidence; disclosure of evidence; evidence; submissions;



  • Judgment 1606


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant's case is that his earning capacity has been impaired, not directly, but merely indirectly in that travel is essential for any employment for which he is suited and his condition [following a service incurred accident] has made it difficult, if not impossible, for him to travel. The burden therefore lay on him in the internal proceedings to show that any suitable employment would entail an appreciable amount of travel."

    Keywords:

    burden of proof; evidence; incapacity; injury; professional accident; service-incurred;



  • Judgment 1560


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainant asks the Organization to say how often it has stopped a competition in order to change the duties of the vacant post and regrade it. There is no need for evidence on that score since the issue is not decisive: if the procedure is lawful it is immaterial how often UNESCO may have followed it before".

    Keywords:

    competition; competition cancelled; disclosure of evidence; evidence; post; post classification; submissions;



  • Judgment 1551


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "A claim to damages cannot succeed unless the claimant proves the unlawful act and the consequent injury. Since the complainant has not done so, his claim to damages must fail."

    Keywords:

    complainant; condition; evidence; injury; material damages; moral injury; request by a party;



  • Judgment 1539


    81st Session, 1996
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Inasmuch as the letters of appointment say nothing of 'local' or 'non-local' status, the Tribunal will treat the facts of the case as decisive. A contractual provision on status would be necessary only if the matter were uncertain or if the parties had agreed that she should have a status different to the status that the facts determine. Since such agreement would involve a waiver by the complainant of her rights of non-local status, it may not be presumed in the absence of clear evidence of such waiver."

    Keywords:

    appraisal of evidence; contract; evidence; intention of parties; local status; non-local status; place of origin; status of complainant; terms of appointment;



  • Judgment 1534


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."

    Keywords:

    cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;



  • Judgment 1461


    79th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Eurocontrol has laid down a new requirement for the grant of an allowance. The Tribunal considers that "the Agency fails to show that it imposed this further requirement in the past and that it therefore forms part of the practice affirmed in the judgment. By rejecting the complainants' claims on such grounds, Eurocontrol is in breach of the rule by which it is bound through its acknowledged practice of granting the allowance".

    Keywords:

    evidence; lack of evidence; patere legem; practice;



  • Judgment 1456


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The Tribunal will disregard documents produced by the parties on the preparatory work for the material rules. They are fragmentary and the scant information they contain is unlikely to prove helpful. "In construing the rules the Tribunal is bound to take an objective view and pay heed, in line with the method approved in international law, to their wording, context, purport and purpose."

    Keywords:

    admissibility of evidence; evidence; interpretation; interpretation of rules; purpose; submissions; written rule;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The complainants "quite wittingly consented [...] to the contracts of service they were offered and were aware that, being for a fixed term ,the contracts could not run beyond the period of two years they set. [They may not] object a posteriori to an essential term of the contract, viz. its duration, in an attempt to have it converted to a permanent appointment. They have adduced not a jot of evidence to suggest that the organisation acted in any but its own legitimate interests either when the contracts were made out or when they came to an end."

    Keywords:

    abuse of power; acceptance; contract; duration of appointment; evidence; fixed-term; lack of evidence; misuse of authority; permanent appointment; terms of appointment;



  • Judgment 1445


    79th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was charged with making false statements to collect certain benefits. He says the organisation's policy was easy going and alleges breach of equal treatment. "There is no evidence to show just what the practice that the complainant relies on may have been: it does not seem to be a general one. Nor is there any evidence to suggest that those who he says benefited from it were all in the same position in fact and law as he. Indeed [...] his position in fact was peculiar to him since it was he who processed claims to the refund of education expenses. So he may not claim the same treatment as other officials".

    Keywords:

    equal treatment; evidence; general principle; practice;



  • Judgment 1437


    79th Session, 1995
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant was transferred against his wishes to another unit. Thereis no reason to regard his transfer as hidden disciplinary action or to attribute it to his staff union work, it having been taken in the organization's interests.

    Keywords:

    abuse of power; evidence; hidden disciplinary measure; judicial review; misuse of authority; organisation's interest; staff union activity; transfer;



  • Judgment 1436


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "As was said for example in Judgment 1223, the Tribunal will not interfere with comparison of candidates in a competition. Only when it appears that the choice rests on a mistake of fact or law or that there has probably been misuse of authority will the Tribunal order the defendant to produce further evidence so that it may review such comparison."

    Reference(s)

    ILOAT Judgment(s): 1223

    Keywords:

    abuse of power; burden of proof; candidate; case law; competition; due process; evidence; further submissions; judicial review; mistake of fact; misuse of authority; presumption of innocence; qualifications; selection procedure;



  • Judgment 1415


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Vide Judgment 1413, consideration 6.

    Keywords:

    breach; equal treatment; evidence; judicial review;



  • Judgment 1414


    78th Session, 1995
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Vide Judgment 1413, consideration 6.

    Keywords:

    breach; equal treatment; evidence; judicial review;

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