Judgment No. 1784

• Organization: World Health Organization (WHO)
• Date: 28.01.1999
• Original: English
• Judges: Gentot, Hugessen, Carroll
• Full judgment text - Full judgment text (french)

Decision

The application is dismissed.

Consideration 15

Extract:

"Under Manual paragraph I.2.510 the Organization is empowered to require that the original bills be attached to the form that the staff member must fill up to claim the education grant. It does not have to accept evidence of the sort the complainant is offering. It will evaluate any alternative proof he may produce in the absence of the bills. Original documents must have gone astray before, and it is often possible to reconstitute them. It is up to the Organization to decide - subject to review by the Tribunal - whether the proof offered is satisfactory."

Reference(s)

Organization rules reference: PARAGRAPH I.2.510 OF WHO MANUAL

Keywords

application for execution; complainant; evidence; admissibility of evidence; appraisal of evidence; burden of proof; disclosure of evidence; lack of evidence; allowance; education expenses; judicial review; discretion

Consideration 6

Extract:

[The complainant] points out that the judgment said in 15 that, though he "was entitled to reinstatement for the same reasons" as those explained in Judgment 1371 [...], it was too late to order his reinstatement because he was to reach the age of retirement within a few months.

Reference(s)

ILOAT Judgment(s): 1371

Keywords

reinstatement