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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 390


    43rd Session, 1980
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The letter was delivered by hand at the complainant's residence, and the complainant does not deny that the letter was accepted at his residence nor offer any explanation as to what could thereafter have happened to it. "The complainant admittedly received this letter; he did not reply to it denying receipt of the memorandum. In these circumstances the Tribunal finds that the complainant was notified of the decision on 13 January and that consequently the complaint was not filed in time."

    Keywords:

    complaint; date of notification; decision; evidence; time bar; time limit;



  • Judgment 367


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "When outstanding considerations are overlooked, it suggests that the matter is not being examined objectively; and this in turn suggests in the case of competent examiners [...] that it is prejudice rather than lack of perception that is at work." In the present case "it was not on the evidence a prejudice against the complainant but a prejudice for [someone else]."

    Keywords:

    bias; evidence;



  • Judgment 360


    41st Session, 1978
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant alleges that he received a promise from the Director of personnel [...] at the time of his appointment. There is no need to question that official, who has now retired, to establish that no such promise was made." It appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. No trace is to be found of any real promise. Had the complainant been given one, he would presumably have produced it."

    Keywords:

    evidence; lack of evidence; pension; pension entitlements; promise; terms of appointment; transfer of pension rights;



  • Judgment 354


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    A "covert disciplinary sanction may constitute an abuse of authority and should be borne out by the documents in the dossier."

    Keywords:

    abuse of power; disciplinary measure; evidence; hidden disciplinary measure; misuse of authority;



  • Judgment 339


    40th Session, 1978
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[F]or jurisdiction to be conferred on the Tribunal the complainant must establish that there was a binding contract of appointment; but if, as here, there is a dispute about that, it is a dispute which under paragraph 7 [of Article Il of its Statute] the Tribunal is competent to determine."

    Reference(s)

    ILOAT reference: ARTICLE II, PARAGRAPH 7, OF THE STATUTE

    Keywords:

    competence of tribunal; condition; contract; evidence;

    Consideration 4

    Extract:

    The jurisdiction of an appeals committee need not necessarily be the same as the jurisdiction of the Tribunal. "It would be neither irrational nor inconvenient if the question whether a contract of appointment had or had not been concluded was left outside the jurisdiction of a committee designed to deal with staff grievances rather than with questions of law."

    Keywords:

    competence; competence of tribunal; contract; evidence; internal appeals body; offer;



  • Judgment 334


    40th Session, 1978
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    There is no need to consider the complainant's allegation of bias. "The Tribunal merely observes that the [decision to terminate the complainant for abolition of post] would be tainted with abuse of authority only if there had been no objective grounds for it." In the instant case there were such grounds.

    Reference(s)

    Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES

    Keywords:

    abolition of post; abuse of power; bias; decision; evidence; grounds; lack of evidence; misuse of authority; termination of employment;



  • Judgment 307


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    There can be a binding contract before a letter of appointment has been issued. "There is a binding contract if there is manifest on both sides an intention to contract and if all the essential terms have been settled and if all that remains to be done is a formality which requires no further agreement."

    Keywords:

    condition; contract; definition; evidence; intention of parties;

    Consideration 5

    Extract:

    The complainant relies on an interview with an official acting as the spokesman of the organisation "and upon the previous correspondence between himself and the organisation. It is quite often the case that, when a contract of this sort has been concluded, it will be followed by a formal document; in the case of a large organisation which is accustomed to use its own forms, there will almost certainly be a letter of appointment. This does not mean that there can be no binding contract until the letter of appointment".

    Keywords:

    contract; evidence; formal requirements;



  • Judgment 292


    38th Session, 1977
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The provision on school fees "provides for an allowance and not the reimbursement of fees; it does not require proof of the amount actually spent".

    Keywords:

    allowance; condition; education expenses; evidence; refund;



  • Judgment 267


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant had reached retirement age and his employment was not extended by the Director-General. "[I]t does not appear from the dossier that on his return to headquarters the complainant was promised any further appointment." Nor did the material letter "imply any such promise, particularly since it was not addressed to the complainant."

    Keywords:

    age limit; consequence; contract; evidence; headquarters; lack of evidence; offer; promise; retirement; transfer;



  • Judgment 235


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Tribunal's decision is subject to the specific circumstances of each case. It "is not to be taken as laying it down that death in a country to which an official is assigned and which lacks ordinary medical facilities can never be attributed to the performance of official duties."

    Keywords:

    cause; death; duty station; evidence; field; illness; service-incurred;



  • Judgment 207


    30th Session, 1973
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]he complainant is not legally obliged, particularly in a disciplinary case, to disprove the charges against him, since it is materially impossible for him to do so, and it is for the Tribunal to judge, in the light of the evidence submitted by the two parties", whether the charges are borne out.

    Keywords:

    appraisal of evidence; burden of proof; disciplinary measure; disciplinary procedure; disclosure of evidence; evidence; misconduct; tribunal;



  • Judgment 190


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The minutes in question "merely show the organization's wish to find some means of retaining the complainant's services after the expiry of his appointment [...] and the attempts made to that end. They contain no promise either of a further extension or of a new appointment, still less any commitment." The complainant "could not justifiably rely on the [...] assurances [...] given to him by certain officials" in respect of an extension.

    Keywords:

    contract; evidence; fixed-term; lack of evidence; non-renewal of contract; offer; promise;



  • Judgment 172


    26th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    No real inquiry was made. The allegations against complainant were improbable. "The Tribunal can only find that the facts leading to the imposition of the sanction are in no way proved and decide that the impugned decision should be quashed. There is no reason to order the complainant's reinstatement, which in any case he does not claim; his entitlement to compensation for the injury suffered by him should, however, be considered.

    Keywords:

    damages; evidence; injury; inquiry; investigation; lack of evidence;

    Considerations

    Extract:

    "Th[e] charge [of attempted theft] was brought by the shop manager [...] eleven days after the incident to which it related. [The complainant] immediately denied the charges and gave a totally different and at first sight not improbable version of the incident. The Personnel Officer of the Regional Office, appointed by the Regional Director to make an inquiry, merely heard the statements of the shop manager who had brought the charges, and of three of his employees, only one of whom had apparently witnessed the alleged attempted theft."

    Keywords:

    burden of proof; damages; disciplinary procedure; evidence; inquiry; investigation; lack of evidence; standard of proof;



  • Judgment 170


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Even assuming that the project manager was at fault, the complainant's guilt is not thereby ruled out. [I]n short, all the circumstances of the case suggest that the complainant's guilt should be regarded as established with a probability approaching certainty."

    Keywords:

    conduct; evidence; standard of proof;



  • Judgment 162


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant contests the validity of his statement admitting participation in the traffic of foreign currency. The particulars of the statement are too detailed to have been invented by third parties. Even if the complainant did not himself draft the statement, he is bound by the signature to the document. He claims to have yielded to threats and improper treatment which are highly improbable and in any case not of such a kind as to force him to confess to imaginary acts of misconduct. The statement must therefore be held to be true.

    Keywords:

    appraisal of evidence; conduct; evidence; lack of consent; staff member's duties;

    Consideration 3

    Extract:

    "The procedure laid down for the purpose of enabling an official to defend himself against the charges against him [written notification of charges, time limit for reply] is inappropriate once the person concerned has admitted those charges. The safeguard provided by [the rule] has become pointless in the present case, since the complainant has admitted his misconduct in statements which the Tribunal has found to be true."

    Keywords:

    adversarial proceedings; due process; evidence; misconduct; purpose; right to reply; safeguard; termination of employment;



  • Judgment 161


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 160


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Vide Judgment 162, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;

    Consideration 4

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 159


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 162, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;

    Consideration 3

    Extract:

    Vide Judgment 162, consideration 3.

    Reference(s)

    ILOAT Judgment(s): 162

    Keywords:

    adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination of employment;



  • Judgment 121


    20th Session, 1968
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The correspondence on which the complainant relies as indicating the probability of renewal does not amount to a promise or make the renewal a matter of good faith."

    Keywords:

    contract; evidence; extension of contract; fixed-term; good faith; lack of evidence; non-renewal of contract; offer; promise;



  • Judgment 93


    16th Session, 1966
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".

    Keywords:

    burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination of employment;

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Last updated: 24.01.2022 ^ top