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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 1350


    77th Session, 1994
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    [The complainant] is [...] unsuccessful in his claim to reinstatement in a post in the Natural Sciences Sector or, failing that, any other suitable post. Despite the Organization's mistakes it is plain on the evidence [...] that the complainant would have had no prospect of renewal on normal expiry of his prematurely terminated appointment.

    Keywords:

    evidence; reinstatement; termination of employment;



  • Judgment 1340


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The onus of proof lies on the organisation to bear out its allegations and insinuations and not, as the organisation submits, on the complainant to show them to be untrue. In the absence of any proof of their accuracy, the assumption must be that they are untrue."

    Keywords:

    burden of proof; complaint allowed; complaint allowed in part; evidence; lack of evidence; moral injury; organisation's duties; presumption;



  • Judgment 1323


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8 and 9

    Extract:

    The WHO appointed an external candidate to a position which the complainant had applied for. On the grounds of privilege the organization offered no evidence to the Board or the Tribunal of the external candidate's qualifications. "The Tribunal does not accept that the disclosure of a candidate's identity and qualifications may [...] inhibit the free expression of views by members of selection committees or prejudice the interests of other candidates. [...] The external candidate's qualifications were of essential importance to the Selection Committee in making its choice and to any appeal against the appointment made." No such documents may be withheld from the Tribunal.

    Keywords:

    candidate; complaint allowed; complaint allowed in part; confidential evidence; evidence; internal appeals body; internal candidate; open competition; selection board; submissions;



  • Judgment 1305


    76th Session, 1994
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 18 and 19

    Extract:

    The complainant is unable to provide any proof of the date on which he says he filed his complaint with the Tribunal. "The Tribunal observes that its Rules of Court are liberal in that for the purpose of reckoning the time limit Article 6(3) [*] takes the date of dispatch and thereby relieves the complainant of liability for any faulty transmittal after dispatch. "That makes it the more important to establish the date of dispatch beyond doubt in each case. [...] The complainant has failed to adduce any evidence of the dispatch of his complaint. [...] Although the Tribunal does not question the sincerity of the complainant [...] it cannot treat [his] assertions as if they were objective evidence: if it did so it would be affording an opportunity for fraudulent evasion of time limits."
    *superseded by Article 4(2) of the Tribunal's Rules as in force since 1 May 1994

    Keywords:

    complaint; date; evidence; formal requirements; iloat statute; lack of evidence; receivability of the complaint; time bar; time limit;



  • Judgment 1262


    75th Session, 1993
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 12

    Extract:

    The complainant objects to a decision not to extend his appointment. "The complainant was involved in the layout and design of the staff magazine, which, he says, was at times critical of the ESO. [...] The charge of victimisation, which is easy enough to make, has to be supported by serious evidence. The complainant has failed to discharge the burden that lies on him to prove the charge against the Observatory. For one thing, he was not even an official of the Staff Association. For another, his allegation that he was victimised merely because he helped with the publication of the magazine is unsupported by a shred of evidence."

    Keywords:

    burden of proof; contract; decision; evidence; fixed-term; freedom of speech; harassment; hidden disciplinary measure; non-renewal of contract; staff representative;



  • Judgment 1176


    73rd Session, 1992
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 13

    Extract:

    Eurocontrol asked the complainant to supply proof that the dependant for whom he was seeking health insurance had no means of gaining cover for sickness under another public health scheme in keeping with Article 2(2) of Rule No. 10 of the Staff Regulations. "But since what is required is disproof - viz. proof that there is no coverage under this or that scheme - Eurocontrol may not consistently lay the burden on the insured member. If it did so, there would be a danger of making the rule unworkable. A fortiori it may not, after duly determining on all the material evidence at its disposal that someone may be treated as a dependent child, raise the question of possible coverage by another public scheme whenever the insured member happens to claim refund or to seek prior authorisation of expenditure."

    Reference(s)

    Organization rules reference: Article 2(2) of Rule no. 10 of the Staff Regulations

    Keywords:

    burden of proof; case sent back to organisation; complaint allowed; decision quashed; dependant; dependent child; evidence; illness; insurance; insurance benefit; organisation's duties;



  • Judgment 1175


    73rd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The organisation is free to set quotas for the output of patent examiners. The complainant has failed to offer any evidence to suggest that the quotas the organisation set for him were in any way unreasonable or that, even when he attained them, the evenness of his output was such as the organisation was entitled to expect of him. In the circumstances it is not proven that the decision not to confirm his appointment shows any [...] fatal flaws".

    Keywords:

    discretion; evidence; output; qualifications; reckoning; staff member's duties; unsatisfactory service; work appraisal;



  • Judgment 1157


    72nd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    it is "the duty of someone who alleges material injury to prove it or offer at least some cogent evidence of it".

    Keywords:

    burden of proof; complaint allowed; evidence; injury; material injury;



  • Judgment 1156


    72nd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    It is "the duty of someone who alleges material injury to prove it or offer at least some cogent evidence of it".

    Keywords:

    burden of proof; complaint allowed; evidence; injury; material injury;



  • Judgment 1133


    72nd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was charged with serious misconduct. An inquiry was held to which the complainant was not invited to give evidence. The Tribunal holds that "the failure of the WHO to afford the complainant an opportunity to be present at the Personnel Department's taking of statements and to put questions to the witnesses amounts to breach of due process. The Tribunal stated the material principle in Judgment 999 : whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. Whether or not the evidence did work to the complainant's prejudice is irrelevant. It is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal." [See Judgment 2601, under 7.]

    Reference(s)

    ILOAT Judgment(s): 999, 2601

    Keywords:

    case sent back to organisation; complaint allowed; due process; evidence; misconduct; right to reply; serious misconduct; termination of employment;



  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant suggests that the Reports Committee which recommended against confirming her appointment following probation was biased. "The burden is on the complainant to show that the members of the Committee duly appointed by the Director General were not impartial, and she has failed to offer any evidence to suggest that they were not."

    Keywords:

    advisory body; bias; burden of proof; complainant; composition of the internal appeals body; discretion; evidence; executive head;



  • Judgment 1116


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant, whose post was abolished, alleges that the organization committed a mistake of law by keeping him in its employ under a long string of short-term appointments. He relies on what he says was UNESCO's established practice of extending fixed-term appointments for never less than one year. The Tribunal observes that there is no rule binding the organization to a minimum or maximum period of extension and that the complainant does not offer a shred of evidence of the practice he says it followed.

    Keywords:

    burden of proof; contract; duration of appointment; evidence; extension of contract; fixed-term; non-renewal of contract; organisation's duties; practice; short-term; successive contracts;



  • Judgment 1115


    71st Session, 1991
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 and 7

    Extract:

    The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".

    Keywords:

    appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;



  • Judgment 1070


    70th Session, 1991
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was dismissed for having got the ILO/ITU Health Fund to reimburse medical costs incurred by his former wife when another health scheme had already met them. "It is irrelevant to his plea of good faith that he has instigated criminal proceedings against her in the French courts on the grounds of fraud, though he might cite her conviction, if she were found guilty of the charges, as a new fact warranting review."

    Keywords:

    dependant; evidence; good faith; insurance benefit; judgment of the tribunal; misconduct; municipal court; request by a party; termination of employment;



  • Judgment 1044


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant objects to the non-renewal of her appointment. She alleges that upon recruitment she was given assurances that her fixed-term appointment would be converted into a continuing one on the date of expiry. But there is no evidence to suggest that she was given any such assurance.

    Keywords:

    contract; evidence; fixed-term; lack of evidence; non-renewal of contract; permanent appointment; promise;



  • Judgment 1040


    69th Session, 1990
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant alleges that the organization made him a promise of training in [word-processing]." For the Tribunal to "enforce a promise by an international organisation to one of its employees", the conditions that have to be met include "that the promise should be substantive and [...] that it should have come from someone competent or deemed competent to make it." In the instant case the making of a substantive promise is not proven.

    Keywords:

    competence; condition; evidence; promise; training;



  • Judgment 987


    68th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideraton 5

    Extract:

    "In support of its contention that there was no breach of his right to a hearing, the FAO cites earlier facts which it submits show that the complainant knew full well that his position was, to say the least, uncertain. Though there are no special rules on the subject and the procedure will depend on the circumstances of each case, the organization has a duty to show that the staff member cannot reasonably have failed to realise he was under threat of termination."

    Keywords:

    burden of proof; duty to inform; evidence; formal requirements; organisation; probationary period; right to reply; termination of employment;



  • Judgment 959


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant maintains that he is entitled to have refunded to him any tax that was levied on his ilo salary and made over to the Indonesian government. [...] The ILO explained to him that if he could satisfy it that he himself had paid tax to the government it would reimburse the sum, and indeed that offer holds good. But the complainant has never offered any evidence of such payment, and his claim must therefore fail."

    Keywords:

    burden of proof; complainant; evidence; lack of evidence; payment; refund; right; tax;



  • Judgment 958


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As to personal prejudice, the Tribunal has often said that it is usually concealed and its existence therefore usually has to be established by inference. [...] The Tribunal will [determine] whether in this case there is evidence strong enough to create a suspicion of prejudice. Only if it finds there is not will it consider the allegation of such suspicion in similar cases."

    Keywords:

    bias; evidence; judicial review;



  • Judgment 956


    66th Session, 1989
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The complainant has failed to show that by word or deed the organization led him to expect any extension, let alone that it made him a firm promise of one. None of the letters to him extending his appointment may be construed as a promise or commitment".

    Keywords:

    contract; evidence; extension of contract; lack of evidence; promise;

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