Bad faith (712,-666)

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Keywords: Bad faith
Total judgments found: 31

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• Judgment 4738

  
  137th Session, 2024
  Energy Charter Conference
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to consider him not eligible for the appointment of Secretary-General of the Energy Charter Secretariat for a mandate starting in January 2022.

  Consideration 8

  Extract:

  One of the subsidiary arguments is that there had been an intentional misuse of authority by one of the Contracting Parties “forcing” a vote and pressuring other Contracting Parties to vote in a particular way. This is tantamount to an accusation of bad faith which cannot be presumed and must be proved (see Judgment 4711, consideration 7). The complainant has failed to do so.

  Reference(s)

  ILOAT Judgment(s): 4711
  

  Keywords:

  bad faith; executive body;
  

  
  
  

• Judgment 4711

  
  136th Session, 2023
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the abolition of automatic step advancement pursuant to the introduction of a new career system.

  Consideration 7

  Extract:

  An accusation of bad faith must be proven and the complainant bears the burden of proof. In the present case, there is no persuasive evidence that the Organisation intentionally submitted false or imprecise information to the Contracting States in order to mislead them. In addition, even if misleading information had been provided to the representatives of the Contracting States, there is no evidence from which it could be inferred that this had any bearing on the actual decision made.

  Keywords:

  bad faith; consultation;
  

  
  
  

• Judgment 4682

  
  136th Session, 2023
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to reject his request for post reclassification.

  Consideration 3

  Extract:

  The allegation of bad faith, submitted in the complainant’s rejoinder is unproven. Bad faith may not be presumed and the burden of proof is on the party that pleads it (see Judgments 4451, consideration 16, and 4067, consideration 11).

  Reference(s)

  ILOAT Judgment(s): 4067, 4451
  

  Keywords:

  bad faith;
  

  
  
  

• Judgment 4675

  
  136th Session, 2023
  International Office of Epizootics
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the reclassification of her employment relationship and the consequential regularisation of her pension entitlements.

  Consideration 6

  Extract:

  [T]he Tribunal has consistently stated that bad faith cannot be presumed and must be proven by the evidence (see, for example, Judgments 4333, consideration 15, 4161, consideration 9, 3902, consideration 11, or 2800, consideration 21). Moreover, this case law must be applied particularly rigorously where the allegation of bad faith is accompanied by an accusation of fraud (see, for example, Judgment 3407, consideration 15).

  Reference(s)

  ILOAT Judgment(s): 2800, 3407, 3902, 4161, 4333
  

  Keywords:

  bad faith; fraud;
  

  
  
  

• Judgment 4671

  
  136th Session, 2023
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the restitution of amounts wrongly deducted from his salary in respect of sickness insurance contributions.

  Consideration 14

  Extract:

  With regard to the injury caused by Interpol’s purported bad faith when dealing with the internal appeal, the Tribunal considers that, although the appeal was wrongly rejected, as stated above, it does not appear from the submissions that the Organization acted in bad faith when handling it.

  Keywords:

  bad faith; burden of proof; moral injury;
  

  
  
  

• Judgment 4670

  
  136th Session, 2023
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the restitution of amounts wrongly deducted from her salary in respect of sickness insurance contributions.

  Consideration 27

  Extract:

  With regard to the injury caused by Interpol’s purported bad faith when dealing with the internal appeal, the Tribunal considers that, although the appeal was wrongly rejected, as stated above, it does not appear from the submissions that the Organization acted in bad faith when handling it.

  Keywords:

  bad faith; burden of proof; moral injury;
  

  
  
  

• Judgment 4662

  
  136th Session, 2023
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the Secretary General’s decision to reject her application for voluntary departure and her claim for compensation for “legitimate resignation”.

  Consideration 18

  Extract:

  As regards the complainant’s allegation that the Organization acted maliciously, under false pretences and with the aim of taking advantage of the situation to her detriment, it is settled case law that the complainant bears the burden of proving malice and bad faith. While the complainant’s disappointment at the response received is understandable, allegations of this nature nevertheless require proof that goes beyond mere conjecture or speculation. In the absence of any evidence, this allegation must be dismissed.

  Keywords:

  bad faith; burden of proof; malice;
  

  
  
  

• Judgment 4579

  
  135th Session, 2023
  Global Fund to Fight AIDS, Tuberculosis and Malaria
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to discharge him.

  Consideration 4

  Extract:

  The submission that the accuser was in bad faith and exaggerated the gravity of the incident is completely devoid of merit. The good faith of the accuser was never questioned during the disciplinary proceedings, nor does the complainant provide evidence of bad faith in the present complaint as required by the case law (see, for example, Judgment 3902, consideration 11).

  Reference(s)

  ILOAT Judgment(s): 3902
  

  Keywords:

  bad faith; harassment;
  

  
  
  

• Judgment 4505

  
  134th Session, 2022
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the Director General’s decision to terminate his appointment at the end of his probationary period.

  Consideration 9

  Extract:

  [T]he Tribunal has pointed out many times that bad faith may not be presumed and must be proved (see Judgments 4451, consideration 16, and 4345, consideration 6). The burden of proof is on the complainant, and to support his allegation he must demonstrate that there was malice, ill-will, improper motive, fraud or similar dishonest purpose (see Judgment 3902, consideration 11). Similarly, the complainant bears the burden of proof in establishing any bias or inequitable treatment (see Judgment 4097, consideration 14).

  Reference(s)

  ILOAT Judgment(s): 3902, 4097, 4345, 4451
  

  Keywords:

  bad faith; burden of proof; personal prejudice;
  

  
  
  

• Judgment 4487

  
  133rd Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.

  Consideration 17

  Extract:

  The EPO quotes, as relevant precedent, Judgment 4025, considerations 11 and 12, in which the Tribunal allowed the counterclaim for costs in a case deemed to have “no possibility of success” and to be “clearly frivolous”. The Tribunal observes that its case law has established strict requirements for a complaint to be considered frivolous, vexatious, and repetitive. Firstly, abuse of process requires bad faith, and bad faith cannot be automatically inferred solely on the basis of the filing of a large number of complaints by a litigant (see Judgment 4025, consideration 9). Secondly, the Tribunal “may indeed award costs against the authors of frivolous, vexatious and repeated complaints which absorb its resources and those of the defendant organisations and hamper the Tribunal’s ability to deal expeditiously with other complaints. Any such award must, however, remain exceptional, since it is essential that international civil servants’ access to an independent and impartial judicial body is not impeded by the prospect of an adverse award of costs if their complaint were to prove unfounded” (see Judgments 1962, consideration 4, 3196, consideration 7, and 3568, consideration 5). The present case is not comparable to the one addressed by Judgment 4025, considerations 11 and 12. In that case, the complaint was dismissed in its entirety and was deemed clearly frivolous. In the present case, even though the complaint shall be dismissed in its entirety, the issues raised cannot be considered plainly frivolous. In addition, there is no repetition of the same complaint, because the present complaint and the thirty-first one have different objects, that is to say two different decisions issued on the same internal appeal. Furthermore, consistent with the principle stipulated in Judgment 4025, consideration 9, referring to an egregious number of complaints, the fact that the present complaint contains a number of unfounded claims and submissions does not establish bad faith on the part of the complainant.

  Reference(s)

  ILOAT Judgment(s): 1962, 3196, 3568, 4025
  

  Keywords:

  bad faith; counterclaim;
  

  
  
  

• Judgment 4451

  
  133rd Session, 2022
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision concerning her management-driven transfer.

  Consideration 16

  Extract:

  [T]he Tribunal points out that bad faith and bias may not be presumed and the burden of proof is on the party that pleads it (see Judgments 4067, consideration 11, and 4408, consideration 22).

  Reference(s)

  ILOAT Judgment(s): 4067, 4408
  

  Keywords:

  bad faith; burden of proof;
  

  
  
  

• Judgment 4345

  
  131st Session, 2021
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to extend his temporary reassignment.

  Consideration 6

  Extract:

  The complainant contends that the impugned decision is vitiated by abuse of authority[...]. This contention is unsubstantiated and the Tribunal’s consistent case law holds that bad faith cannot be assumed; it must be proven (see, for example, Judgments 4261, under 10, 4161, under 9, 3154, under 7, 3902, under 11, and 2800, under 21).

  Reference(s)

  ILOAT Judgment(s): 2800, 3154, 3902, 4161, 4261
  

  Keywords:

  abuse of power; bad faith; misuse of authority;
  

  
  
  

• Judgment 4264

  
  129th Session, 2020
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges her performance management report for the period 1 January 2010 to 18 July 2010.

  Consideration 10

  Extract:

  If a complainant alleges that a decision was not taken in good faith or was taken for an improper purpose, she or he bears the burden of establishing the lack of good faith, bias or improper purpose (see, for example, Judgments 4146, consideration 10, 3743, consideration 12, and 2472, consideration 9). It is a serious allegation that must be clearly substantiated.

  Reference(s)

  ILOAT Judgment(s): 2472, 3743, 4146
  

  Keywords:

  bad faith; burden of proof;
  

  
  
  

• Judgment 4262

  
  129th Session, 2020
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges her performance management report for 2008.

  Consideration 8

  Extract:

  If a complainant alleges that a decision was not taken in good faith or was taken for an improper purpose, she or he bears the burden of establishing the lack of good faith, bias or improper purpose (see, for example, Judgments 4146, consideration 10, 3743, consideration 12, and 2472, consideration 9). It is a serious allegation that must be clearly substantiated. At least the second and third matters referred to in the preceding consideration certainly illustrate inappropriate conduct on the part of VP1. But an allegation of bias ordinarily involves the notion that the decision maker is sufficiently antipathetic towards another for that antipathy to colour and influence the decision. In the present case, this is not established even inferentially.

  Reference(s)

  ILOAT Judgment(s): 2472, 3743, 4146
  

  Keywords:

  bad faith; burden of proof;
  

  
  
  

• Judgment 4261

  
  129th Session, 2020
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the withdrawal of a decision to assign her additional duties on a temporary basis.

  Consideration 10

  Extract:

  If a complainant alleges that a decision was not taken in good faith or was taken for an improper purpose, she or he bears the burden of establishing the lack of good faith, bias or improper purpose (see, for example, Judgments 4146, consideration 10, 3743, consideration 12, and 2472, consideration 9). It is a serious allegation that must be clearly substantiated.

  Reference(s)

  ILOAT Judgment(s): 2472, 3743, 4146
  

  Keywords:

  bad faith; bias; burden of proof;
  

  
  
  

• Judgment 4230

  
  129th Session, 2020
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to introduce a maximum length of employment under short-term appointments in breach of applicable rules on consultation with staff representatives.

  Consideration 15

  Extract:

  The Tribunal finds that the complainant has proved that the Organization showed bad faith by denying the UGSS its right to be consulted, in accordance with the Recognition Agreement and the Staff Regulations and Rules [...]. Presenting the SMCC with a pre-determined decision instead of providing for a proper consultation, and then later choosing to deal with the affected staff members on a case-by-case basis undermined the reputation, competence, and authority of the SRBs. However, according to consistent case law, the complainant, acting as a staff representative, is not entitled to an award of moral damages (see Judgments 3258, under 5, 3522, under 6, and 3671, under 5).

  Reference(s)

  ILOAT Judgment(s): 3258, 3522, 3671
  

  Keywords:

  bad faith; moral injury; staff representative;
  

  
  
  

• Judgment 4161

  
  128th Session, 2019
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the validity of a settlement agreement.

  Consideration 9

  Extract:

  It is well established in the case law that “bad faith cannot be presumed, it must be proven. Additionally, bad faith requires an element of malice, ill will, improper motive, fraud or similar dishonest purpose” (see Judgment 2800, consideration 21, cited in Judgment 3154, consideration 7; see also Judgment 3902, consideration 11). What is more, “misuse of authority may not be presumed and the burden of proof is on the party that pleads it” (see Judgment 3939, consideration 10).

  Reference(s)

  ILOAT Judgment(s): 2800, 3154, 3902, 3939
  

  Keywords:

  abuse of power; bad faith; misuse of authority;
  

  
  
  

• Judgment 4067

  
  127th Session, 2019
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision not to extend his contract.

  Consideration 11

  Extract:

  As is well established, bad faith or misuse of authority must be proved and is never presumed, and the party alleging bad faith or misuse of authority must prove it (see, for example, Judgments 2800, consideration 21, and 3939, consideration 10).

  Reference(s)

  ILOAT Judgment(s): 2800, 3939
  

  Keywords:

  abuse of power; bad faith; burden of proof; misuse of authority;
  

  
  
  

• Judgment 4003

  
  126th Session, 2018
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks compensation for damages related to her arrest and detention in Libya while on an official mission.

  Consideration 15

  Extract:

  The Tribunal finds that the reasons given in the [...] decision to reject the complainant’s claim for compensation were not supported by the evidence. Moreover, the Registrar relied on documents to which he refused to give the complainant access, while mischaracterizing the findings of those documents in a clear breach of her due process rights. He also misinformed the complainant that he had been ordered to destroy the consultant’s report and therefore could not give her a copy while knowing full well that the disclosure of the report to the complainant had already been approved. This constitutes an act of bad faith. The Registrar’s correspondence with the complainant shows that he repeatedly threatened her with charges of misconduct and possible disciplinary action unless she accepted the ICC’s offer during conciliation proceedings. This was an abuse of power and further evidence of bad faith.

  Keywords:

  abuse of power; bad faith; confidential evidence; disclosure of evidence; misuse of authority;
  

  
  
  

• Judgment 3996

  
  126th Session, 2018
  Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to investigate her claim of harassment, the decision to permanently transfer her and the decision to offer her an extension of appointment in her new position.

  Consideration 4B

  Extract:

  [T]he complainant bears the burden of proving malice, bad faith or misuse of authority (see Judgment 3743, under 12, and the judgments cited therein).

  Reference(s)

  ILOAT Judgment(s): 3743
  

  Keywords:

  abuse of power; bad faith; burden of proof; misuse of authority;
  

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