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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: 213

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  • 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;



  • Judgment 952


    66th Session, 1989
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    "The burden is on the complainant to satisfy the organization that the adoption was lawful, and he has failed to discharge it. [...] The complainant has not met the further requirement that he must satisfy the organization that at the date of the adoption the parents of his grandson were deceased or permanently incapacitated and unemployable."

    Keywords:

    adoption; burden of proof; complainant; condition; death; evidence; invalidity; parent;



  • Judgment 946


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "There is no award of moral damages. Since the organization was applying a policy of staff retrenchment required by financial constraints, the non-renewal cannot be deemed to have harmed the complainant's professional reputation. Nor indeed does he offer any evidence of moral injury."

    Keywords:

    abolition of post; contract; evidence; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury;



  • Judgment 937


    65th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "To prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."

    Keywords:

    disciplinary measure; evidence; lack of evidence; misconduct; misuse of authority; termination of employment;

    Consideration 21

    Extract:

    "In its surrejoinder the FAO objects to the complainant's obtaining evidence in the form of tape recordings. The Tribunal has not made use of them and therefore need not rule on the issue".

    Keywords:

    admissibility of evidence; evidence; recording;



  • Judgment 930


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The organisation was authorised to confine its reply to the issue of receivability. But it was unable to show that it had given timely notice of the President's decision. The complaint is receivable.

    Keywords:

    burden of proof; case sent back to organisation; date of notification; decision; evidence; further submissions on the merits; organisation; receivability of the complaint; reply confined to receivability;



  • Judgment 925


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The scheme member has a duty to support a claim with documents that are clear enough for the administration to be able to tell what the treatment was and to apply the right rate of refund."

    Keywords:

    burden of proof; disclosure of evidence; evidence; health insurance; illness; insurance; medical expenses; rate; request by a party;



  • Judgment 923


    65th Session, 1988
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "In case of doubt it is for the staff member to show exactly what the treatment was if he is contending that the maximum limit does not apply."

    Keywords:

    burden of proof; disclosure of evidence; evidence; health insurance; maximum limit; medical expenses; request by a party;



  • Judgment 904


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "There is no evidence submitted by the complainant to suggest that the amount provided for travel expenses was inadequate. The claim therefore fails."

    Keywords:

    amount; burden of proof; evidence; travel expenses;



  • Judgment 892


    64th Session, 1988
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant challenges the non-renewal of her contract. She alleges breach of an oral promise of automatic renewal. But she offers no proof of the allegation. "Even supposing she were right and the head of personnel had said that fixed-term appointments were automatically renewed, there would not necessarily be a binding rule but just a common practice which would neither require the Director General to employ her nor confer on her any right to renewal."

    Keywords:

    contract; evidence; extension of contract; fixed-term; lack of evidence; non-renewal of contract; organisation's duties; practice; promise;



  • Judgment 890


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant contends that the decision not to confirm his appointment but to extend his probation is invalid because he received overdue notice thereof. The organisation points out that though the complainant was aware of the unfavourable report, he did not himself pursue the matter. "In law the organisation must show not just that the complainant failed to act but that it gave him timely notice of the decision or else that his evasiveness prevented it from doing so."

    Keywords:

    administrative delay; burden of proof; date of notification; decision; evidence; organisation;



  • Judgment 889


    64th Session, 1988
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The burden is on [the complainant] to prove service-incurred illness."

    Keywords:

    burden of proof; complainant; evidence; illness; service-incurred;



  • Judgment 869


    63rd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Paragraph 315.323 of the FAO Manual, under which the Director of personnel of the FAO is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the Director of external relations and general services for the World Food Programme - had been validly delegated to do so.

    Reference(s)

    Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL

    Keywords:

    competence; decision-maker; delegated authority; evidence; increment withheld; lack of evidence;



  • Judgment 848


    63rd Session, 1987
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant stated on his employment application that he was of Chilean nationality. Learning that he didn't have a Chilean passport, the Director General imposed a written reprimand for serious misconduct. According to the Tribunal, "the Director General's decision that the complainant had not proved his Chilean nationality was based on an error of law and a failure to take essential facts into consideration. Therefore it cannot stand."

    Keywords:

    disciplinary measure; disregard of essential fact; evidence; flaw; misrepresentation; nationality; serious misconduct; warning;

    Consideration 1

    Extract:

    "The undisputed evidence is that the complainant was endowed at birth with Chilean nationality in accordance with the laws of his country. [...] Among the documents exhibited in the dossier are copies of the complainant's birth certificate, his Chilean identity card, a safe-conduct [...] and, finally, a Chilean passport issued to him on 28 April 1986. All this is overwhelming proof of the complainant's right to Chilean nationality."

    Keywords:

    disclosure of evidence; evidence; nationality;



  • Judgment 723


    58th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal applies the general rule on the burden of proof which requires the sender to establish the date on which a communication was received. as the organization has no evidence of the actual date of receipt of the decision, the Tribunal will accept what is said by the complainant. The complaint is therefore not time-barred.

    Keywords:

    burden of proof; complaint; date of notification; decision; evidence; lack of evidence; receivability of the complaint; time bar;



  • 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;

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