Judgment No. 35
Decision
THE TRIBUNAL,
Before proceeding to judgement,
Administers to Doctor Luther H. Evans, Director-General of the organisation, the following oath:
"I declare that in the course of the interview between myself and the complainant, on 14 February 1957, I neither admitted nor reasonably caused it to be believed that I admitted that the decision taken in her regard would be the subject of reconsideration by me and that it would therefore be provisionally held in abeyance".
Appoints Judge Stavropoulos, assisted by Mr. Lussier, acting as ad hoc Registrar, to receive the said oath at such place where he may meet the Director-General, or alternatively to evidence a refusal to swear the oath, by drawing up a minute so that after the deposit of this minute with the Registrar of the Tribunal and its communication to the parties, the case may be reopened by either party in order that it may be pronounced thereon, costs being reserved.
Considerations
Extract:
"The Tribunal has put it that an intervention by Mr [X] was not receivable insofar as it would have been exercised by the person of the chairman of the [...] staff association who did not have this right." Moreover, the intervention was not receivable if made in a personal capacity since the intervenor "did not possess any right liable to be affected by [the resulting] judgment".
Keywords
locus standi; intervention; receivability of the complaint; cause of action; no cause of action; staff union; staff representative
Considerations
Extract:
"The Tribunal considered that the hearing of the witnesses as applied for by the complainant would be pertinent in the case and [...] the testimony on oath of [Messrs. X and Y] was received in public sitting on [date]".
Keywords
oath; testimony; oral proceedings; acceptance
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