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Evidence (144, 145, 146, 147, 149, 150, 151, 152, 153, 154, 155, 156, 157,-666)

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Keywords: Evidence
Total judgments found: 223

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  • Judgment 904


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "There is no evidence submitted by the complainant to suggest that the amount provided for travel expenses was inadequate. The claim therefore fails."

    Keywords:

    amount; burden of proof; evidence; travel expenses;



  • Judgment 892


    64th Session, 1988
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant challenges the non-renewal of her contract. She alleges breach of an oral promise of automatic renewal. But she offers no proof of the allegation. "Even supposing she were right and the head of personnel had said that fixed-term appointments were automatically renewed, there would not necessarily be a binding rule but just a common practice which would neither require the Director General to employ her nor confer on her any right to renewal."

    Keywords:

    contract; evidence; extension of contract; fixed-term; lack of evidence; non-renewal of contract; organisation's duties; practice; promise;



  • Judgment 890


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant contends that the decision not to confirm his appointment but to extend his probation is invalid because he received overdue notice thereof. The organisation points out that though the complainant was aware of the unfavourable report, he did not himself pursue the matter. "In law the organisation must show not just that the complainant failed to act but that it gave him timely notice of the decision or else that his evasiveness prevented it from doing so."

    Keywords:

    administrative delay; burden of proof; date of notification; decision; evidence; organisation;



  • Judgment 889


    64th Session, 1988
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "The burden is on [the complainant] to prove service-incurred illness."

    Keywords:

    burden of proof; complainant; evidence; illness; service-incurred;



  • Judgment 869


    63rd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Paragraph 315.323 of the FAO Manual, under which the Director of personnel of the FAO is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the Director of external relations and general services for the World Food Programme - had been validly delegated to do so.

    Reference(s)

    Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL

    Keywords:

    competence; decision-maker; delegated authority; evidence; increment withheld; lack of evidence;



  • Judgment 848


    63rd Session, 1987
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant stated on his employment application that he was of Chilean nationality. Learning that he didn't have a Chilean passport, the Director General imposed a written reprimand for serious misconduct. According to the Tribunal, "the Director General's decision that the complainant had not proved his Chilean nationality was based on an error of law and a failure to take essential facts into consideration. Therefore it cannot stand."

    Keywords:

    disciplinary measure; disregard of essential fact; evidence; flaw; misrepresentation; nationality; serious misconduct; warning;

    Consideration 1

    Extract:

    "The undisputed evidence is that the complainant was endowed at birth with Chilean nationality in accordance with the laws of his country. [...] Among the documents exhibited in the dossier are copies of the complainant's birth certificate, his Chilean identity card, a safe-conduct [...] and, finally, a Chilean passport issued to him on 28 April 1986. All this is overwhelming proof of the complainant's right to Chilean nationality."

    Keywords:

    disclosure of evidence; evidence; nationality;



  • Judgment 723


    58th Session, 1986
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal applies the general rule on the burden of proof which requires the sender to establish the date on which a communication was received. as the organization has no evidence of the actual date of receipt of the decision, the Tribunal will accept what is said by the complainant. The complaint is therefore not time-barred.

    Keywords:

    burden of proof; complaint; date of notification; decision; evidence; lack of evidence; receivability of the complaint; time bar;



  • Judgment 648


    55th Session, 1985
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Before formally offering the candidate an appointment, the organization will ask for information from his employer and other suitable referees. "The Tribunal sees nothing untoward in taking account of such information in recruiting an international civil servant, the practice deriving from a reasonable desire to have full information on candidates and secure staff of sound technical competence and high moral integrity."

    Keywords:

    appointment; condition; evidence; offer; qualifications;



  • Judgment 635


    54th Session, 1984
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant denies that she was ever in gross breach of the duty of discretion. She claims never to have been in touch with journalists neither herself nor through anyone else. "She can go no further than that since it is impossible to adduce evidence to rebut the charge. Her statement that she did not commit the misconduct she is charged with shifts the burden of proof to the organization. The Tribunal will not require absolute proof, which is almost impossible to provide on such a matter." A set of precise and concurring presumptions would be sufficient.

    Keywords:

    burden of proof; duty of discretion; evidence; misconduct; organisation; presumption of innocence; serious misconduct; standard of proof;



  • Judgment 595


    51st Session, 1983
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant, whose contract was ended for reasons of health, refused disclosure of his medical file. "He [...] produces several certificates from doctors who have treated him. While not questioning their professional competence, the Tribunal will observe that the certificates have no value as evidence since the complainant refuses to let the who physician state his opinion. The complainant's position has destroyed the parity there should be between the parties, and the Tribunal can restore it only by discounting the medical certificate she has produced."

    Keywords:

    adversarial proceedings; appraisal of evidence; disclosure of evidence; evidence; health reasons; medical certificate; termination of employment;



  • Judgment 554


    50th Session, 1983
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Tribunal stated in Judgment No. 486 that "the question for its decision was whether it was within its competence to enforce a rule of policy or practice. The Tribunal found that there was such a rule, but that since it conflicted with a staff rule, it did not create an obligation which the Tribunal was competent to enforce. [...] It is manifest from the judgment that the rule of policy or practice, by whatever evidence its existence was proved, was in this case unenforceable."

    Reference(s)

    ILOAT Judgment(s): 486

    Keywords:

    applicable law; application for review; difference; evidence; practice; precedence of rules; provision; staff regulations and rules;



  • Judgment 540


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Even assuming that [the rule which imposes on the Organization a duty to provide clear and precise information on the charges] was not fully complied with, the evidence which emerged before the Regional Board was so overwhelming that it cannot be said that there has been any miscarriage of justice."

    Keywords:

    duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;



  • Judgment 539


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Vide Judgment 540, consideration on the procedural point, paragraph 4.

    Reference(s)

    ILOAT Judgment(s): 540

    Keywords:

    duty to substantiate decision; evidence; exception; serious misconduct; termination of employment;



  • Judgment 528


    49th Session, 1982
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "Though the existence of such a risk [noise levels] is, in the Tribunal's view, a material point, it does not suffice to establish that the complainant's disability was service-incurred".

    Keywords:

    elements; evidence; illness; service-incurred; working conditions;

    Consideration 5

    Extract:

    The specialists "do no more than concede the likelihood of a causal link between the complainant's impairment and the discharge of his duties." The Internal Appeals Board summed up in cautious wording that "is not such as to allow the Tribunal to declare that the conditions in the [material rules] are fulfilled in the complainant's case. The presumptions in his favour are, with regard to all the points at issue, neither sufficiently precise nor sufficiently concordant".

    Keywords:

    evidence; illness; lack of evidence; presumption of innocence; service-incurred;



  • Judgment 495


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

    bias; evidence; 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:

    bias; evidence; staff regulations and rules;

    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)

    ILOAT Judgment(s): 447

    Keywords:

    bias; evidence; presumption of innocence;



  • Judgment 494


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Director was being extremely critical of the activities of the Staff Committee, considering it as an unrepresentative minority of the staff association [...]. The suggestion made by the complainant that the transfer was designed to impede her activities as vice-chairperson by removing her from headquarters and to punish her for the Committee's attitude is therefore one which must be seriously examined. [...] Even if it were to be assumed that the Director was in general pursuing a policy of handicapping or penalising staff activities, he did not in this case carry it through [...]. There is no evidence of any personal hostility [...]. The transfer was a transfer of a programme rather than of a person."

    Keywords:

    bias; evidence; hidden disciplinary measure; lack of evidence; reorganisation; staff representative; staff union activity; transfer;



  • Judgment 470


    47th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(B)

    Extract:

    "The mere fact that [the complainant] has not since [the date his post was abolished] been replaced shows that the post has gone."

    Keywords:

    abolition of post; evidence;

    Consideration 7

    Extract:

    A letter from the Director to an official of the organization may be regarded as evidence of hostility towards the complainant as well as an act of sound administration; the telephone conversation between the Director and a member of the government is open to more than one interpretation. However, after informing the complainant in March that his appointment would end in June, the organization extended his appointment several times, "and thereby displayed genuine consideration. The Tribunal cannot therefore find that the allegation of personal prejudice is proved."

    Keywords:

    abolition of post; bias; contract; evidence; fixed-term; lack of evidence; non-renewal of contract;



  • Judgment 456


    46th Session, 1981
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Under the general rules on the burden of proof it is for the sender to establish the date on which a communication was received. If he sends a letter by registered post or an official notice of acknowledgement for completion by the addressee he can easily furnish the proof. If he sends it by ordinary mail he may be unable to do so, and then, for want of evidence as to the actual date of receipt, the Tribunal will accept what is said by the addressee."

    Keywords:

    burden of proof; date of notification; decision; evidence; lack of evidence;



  • Judgment 447


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    There had been tension between the Director and the staff association. The complainant, a member of the association, was transferred against her wishes. She insists that she was the victim of a disguised disciplinary sanction: she was transferred hastily and over her objections. But the transfer was part of a general plan which had been drawn up much earlier. There is nothing to suggest that its intention was to mask a sanction. The complainant was not especially active in the staff association. There being uncertainty about the real grounds for the impugned decision, the Tribunal will not regard as proved her allegation of a breach of the right of association.

    Keywords:

    evidence; freedom of association; hidden disciplinary measure; lack of evidence; staff representative; staff union; staff union activity; transfer;

    Consideration 8

    Extract:

    Under the material provision, an official may appeal against any measure or decision tainted with personal prejudice against him; it is sufficient that he has suffered treatment which is not warranted on any objective grounds. "That is so in the present instance. Despite her age and work record the complainant was suddenly transferred to a post which did not suit her and no thought was ever given to finding a solution which would more closely match her legitimate interests. Only prejudice can account for such a lack of consideration".

    Keywords:

    bias; evidence; grounds; staff member's interest; transfer;



  • Judgment 405


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "That [the reports] were less favourable than the ones written by [a] predecessor is no proof of any prejudice against the complainant."

    Keywords:

    bias; different appraisals; evidence; performance report; work appraisal;

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