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Benefit of doubt (185,-666)

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Keywords: Benefit of doubt
Total judgments found: 7

  • Judgment 2913


    109th Session, 2010
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[I]n the event of disciplinary measures, the staff member concerned enjoys a presumption of innocence and [...], in accordance with the principle in dubio pro reo, he or she must be given the benefit of the doubt (see in particular Judgment 2351, under 7(b)). The burden of proof lies with the Organization which intends to take disciplinary action against a staff member."

    Reference(s)

    ILOAT Judgment(s): 2351

    Keywords:

    benefit of doubt; burden of proof; disciplinary measure; general principle; organisation's duties; presumption;



  • Judgment 2879


    108th Session, 2010
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant was charged with misconduct in relation to the publication of an article which reflected badly on WIPO, WIPO's Director General and her former supervisors. Disciplinary sanctions were imposed on her, including relegation and a ban on promotion for a consecutive period of three years. She challenged the imposition of sanctions, denying any responsibility for the publication of the article and arguing that they were tailored to specifically delay her promotion, which the Tribunal had ordered in Judgment 2706. The Tribunal found that the evidence fell far short of establishing the complainant's responsibility.
    "The determinative issue in this complaint centres on the finding that the complainant was responsible for the publication of the article. It is well established that the individual accused of wrongdoing is presumed to be innocent. It is equally well established that the accuser bears the burden of proof. WIPO does not deny that it bears the burden of proof but submits that the standard of proof is "precise and concurring presumptions". The Tribunal does not accept this submission. In Judgment 2786, under 9, it held that in the case of misconduct the standard of proof is beyond a reasonable doubt."

    Reference(s)

    ILOAT Judgment(s): 2786

    Keywords:

    benefit of doubt; bias; burden of proof; evidence; liability; misconduct; presumption;



  • Judgment 2849


    107th Session, 2009
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16 and 17

    Extract:

    The complainant was dismissed for misconduct.
    "It is well established in the Tribunal's case law that where misconduct is denied, the onus is on the Administration to prove the misconduct beyond a reasonable doubt. Further, staff members are to be given the benefit of the doubt (see Judgment 2786, under 9)."
    "Although the complainant argues otherwise, the evidence gathered [...] clearly establishes misconduct beyond reasonable doubt."

    Reference(s)

    ILOAT Judgment(s): 2786

    Keywords:

    benefit of doubt; burden of proof; general principle; misconduct; organisation's duties; staff member's duties; termination;



  • Judgment 2786


    106th Session, 2009
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "It is to be noted that, in cases of dismissal, the staff member must be given the benefit of the doubt (see Judgment 635, under 10). Further, when misconduct is denied, it is for the Administration to prove it and to prove it beyond reasonable doubt (see Judgment 969, under 16)."

    Reference(s)

    ILOAT Judgment(s): 635, 969

    Keywords:

    benefit of doubt; burden of proof; complaint allowed; complaint allowed in part; international civil servant; misconduct; organisation's duties; termination;



  • Judgment 2290


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "In case of doubt [on the meaning which may reasonably be given to the clause of a contract], it is accepted that, in accordance with the principle of good faith, ambiguous clauses should be interpreted to the detriment of the party which drafted the contract."

    Keywords:

    benefit of doubt; complaint allowed; complaint allowed in part; contract; good faith; interpretation; law of contract; provision; written rule;



  • Judgment 2009


    90th Session, 2001
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant was suspended without pay for three months after being accused of making a false declaration and submitting false information to a court of law. The Joint Disciplinary Board found that there was sufficient evidence to prove his wrongdoing. "The Tribunal is satisfied that the Joint Disciplinary Board was entitled, having weighed the evidence, to draw the conclusions it did. It found that the complainant's explanations were not credible and rejected them. Where doubt does not exist, the question of the benefit of the doubt does not arise. So the complainant cannot succeed on the plea that his employer was bound to accept that he had made a mistake. The Board was fully justified in its findings."

    Keywords:

    appraisal of evidence; benefit of doubt; conduct; disciplinary measure; disciplinary procedure; evidence; fitness for international civil service; general principle; misconduct; misrepresentation; suspension;



  • Judgment 635


    54th Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    the organization accuses the complainant of gross breach of her duty of discretion. the tribunal finds that the decision to dismiss her was based on facts which were not sufficiently established. "dismissal is too drastic a measure for the staff member not to have the benefit of the doubt. the decision being quashed, the complainant is entitled to straightforward reinstatement since the tribunal sees no reason to award her damages in lieu. since she seeks damages only if not reinstated the tribunal need not rule on this claim."

    Keywords:

    benefit of doubt; complaint allowed; decision quashed; disciplinary measure; misconduct; proportionality; reinstatement; serious misconduct; termination;


 
Last updated: 19.09.2019 ^ top