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Judgment No. 495

Decision

1. THE DIRECTOR'S DECISION OF 20 OCTOBER 1980 IS QUASHED.
2. THE ORGANIZATION IS ORDERED TO PAY TO THE COMPLAINANT US$15,000 AS COMPENSATION FOR THE NON-RENEWAL OF HIS CONTRACT AND US$8,000 IN RESPECT OF HIS COSTS.

Consideration 5

Extract:

"If in the case of an active staff member no reason (*) is given, an inference could be drawn that his activities had been improperly taken into account."
(*) in the present case, for non-renewal

Keywords

duty to substantiate decision; grounds; contract; fixed-term; non-renewal of contract; staff union activity; presumption

Consideration 5

Extract:

The Tribunal does not accept that whenever a staff member is in like case the burden of proof passes to the organization. "Each case must be decided on the proper inferences to be drawn from its own facts." The first matter to be examined is the reason for the decision. "The second matter in a case such as this is the presence or absence of evidence of any particular animosity by the administration towards the complainant, and of evidence of the part, prominent or otherwise, which he played in the controversy and of any act or attitude by him calculated to excite the administration's disapproval [...]."

Keywords

grounds; burden of proof; contract; fixed-term; non-renewal of contract; staff union activity; judicial review; bias

Consideration 4

Extract:

"A staff member who cannot understand why he should be, as it appears to him, unfavourably treated, is naturally inclined to suspect prejudice. One of the unfortunate results of the existing disputes is to create the belief that any decision adverse to an active member of the staff association is to be explained by his staff activities."

Keywords

decision; grounds; staff union activity; bias; presumption

Consideration 1

Extract:

"It is [...] established that in accordance with the principle of freedom of association officers and members of the staff association may act in furtherance of their common interests and shall not be penalised by the administration for any activity that is not otherwise improper. It is not disputed that any such penalisation would be an abuse of the Director's discretion and within the power of the Tribunal to review."

Keywords

freedom of association; staff union activity; judicial review; misuse of authority; abuse of power

Considerations 6 and 8

Extract:

The complainant worked "on different projects for which money had to be found in the annual budget. This could not always be done by a regular allocation. It might have to be done by what is referred to as 'creative budgeting', i.e. the use of savings made within the regular budget and supplemented perhaps by money procured from external sources, e.g. international foundations." It was decided to terminate the contract. "On the whole the Tribunal is not satisfied that funds were not or could not have been made available for some extension."

Keywords

project personnel; contract; fixed-term; budgetary reasons; non-renewal of contract; judicial review

Consideration 14

Extract:

"Suspicion means that the facts from which the inferences were drawn may be susceptible of either a guilty or an innocent explanation. An innocent explanation which is credible in a single case may cease to be credible when [...] applied to a number of similar cases; by this means the doubt which defeats proof in a single case may be removed. But there must be enough evidence within the case that is being judged to create a suspicion that prejudice is at work. Where there is not the slightest evidence of prejudice within the case itself, it cannot be proved by proving prejudice in other cases."

Keywords

evidence; bias; presumption

Consideration 16

Extract:

"The first and greatest safeguard against the operation of prejudice lies in the procedural requirements which every set of Staff Regulations contains and whose main object is to exclude improper influences from an administrative decision, [thus] proof of prejudice is rendered unnecessary when procedural requirements have not been observed."

Keywords

evidence; staff regulations and rules; bias

Consideration 14

Extract:

"Prejudice is usually concealed and so its existence usually has to be established by inference. When the facts of a single case are sufficiently strong to establish an inference, there is no need to examine other cases. But they may be strong enough to create only a suspicion falling short of complete proof of the allegation; an example is the case of Q. [Judgment 447]. In such a case proof of a similar suspicion in similar cases becomes relevant."

Reference(s)

Jugement(s) TAOIT: 447

Keywords

evidence; presumption of innocence; bias



 
Dernière mise à jour: 13.09.2021 ^ haut