Judgment No. 3344
Decision
The complaints are dismissed.
Summary
The complaints filed by the complainants acting as elected staff representatives and as staff members and challenging the lawfulness of an investigation procedure manual are dismissed as filed out-of-time.
Judgment keywords
Keywords
date of notification; complaint dismissed
Consideration 9
Extract:
"The Tribunal’s jurisprudence is that the burden of proof is on the sender to establish the date on which communication was received. If that cannot be done (perhaps because the document was sent by a system of transmission that does not permit actual proof), the Tribunal will ordinarily accept what is said by the addressee about the date of receipt (see Judgment 3253, consideration 7). However these principles do not absolve the Tribunal from evaluating the evidence provided by the parties if there is an issue about date of receipt in the context of an argument about time limits. Examples of the Tribunal doing this can be found in Judgments 3253, considerations 8 to 11, and 2678, considerations 3 to 5."
Reference(s)
ILOAT Judgment(s): 2678, 3253
Keywords
date of notification; burden of proof
Consideration 10
Extract:
"While the sender bears the burden of proof, [...] this does not absolve the recipient of a document from adducing evidence contradicting or challenging persuasive evidence from the sender about the likely date of receipt. That is particularly so where the facts which would justify a conclusion other than the conclusion suggested by the persuasive evidence provided by the sender, are peculiarly within the knowledge of the recipient."
Keywords
date of notification; burden of proof
Consideration 11
Extract:
"A staff association ordinarily has no separate legal identity. Nonetheless, it cannot be assumed that it is necessary to notify all members of the executive in order to notify the executive of an association of a decision nor can it be assumed that the time of notification is the time at which the last of the members of the executive is, in fact, notified."
Keywords
date of notification; staff representative
| 
