Judgment No. 3192

• Organization: World Health Organization (WHO)
• Date: 06.02.2013
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decisions to abolish her post and not to renew her contract as linked to the harassment she allegedly experienced.

Judgment keywords

Keywords

abolition of post; non-renewal of contract; harassment; complaint dismissed

Consideration 13

Extract:

Consistent case law holds that:
“[a]lthough evidence of personal prejudice is often concealed and such prejudice must be inferred from surrounding circumstances, that does not relieve the complainant, who has the burden of proving his allegations, from introducing evidence of sufficient quality and weight to persuade the Tribunal. Mere suspicion and unsupported allegations are clearly not enough, the less so where […] the actions of the Organization which are alleged to have been tainted by personal prejudice are shown to have a verifiable objective justification.” (See Judgment 1775, under 7.)

Reference(s)

ILOAT Judgment(s): 1775

Keywords

burden of proof; bias; personal prejudice