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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 2642


    103rd Session, 2007
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    Because various incidents were, to a large extent, not disputed, the Tribunal is able to substitute its own decision for that of the Director-General. In this regard, it is convenient to note that the Grievance Panel found that Mr A. exhibited “a pattern of behaviour” that, although not properly characterised as “clearly inappropriate or sexually harassing”, could be characterised as “a more than usually personal approach to management and to relationships in the workplace”, and said that it “did appear to some as ambiguous and open to differing interpretations”. Clearly, Mr A. had made remarks to her that could be characterised as “flirtatious”, as could the remark to her secretary, Ms Z. In that context, it was not unreasonable to take Mr A.’s remark that he would be happy to give her a five-year extension after two years “if [they got] on well” as having a sexual sub text. Moreover, it is not disputed that the complainant said something to Mr A. to indicate that she found his remarks offensive. And in this, her actions were entirely reasonable: “flirtatious” remarks made in the workplace by a male supervisor to female staff inevitably diminish their professional standing. Having made clear to Mr A. that she found his remarks offensive, he should reasonably have known that she would also find inappropriate physical contact offensive. The complainant’s claim of inappropriate physical contact, whether it be described as “stroking” or an “up-and down motion” – a distinction which is, at best, elusive – was supported by her near contemporaneous account to the Human Resources Officer who described her as exhibiting a mixture of anger and fear. Given the undisputed accounts by Ms X and Ms Y of the behaviour of Mr A., the overwhelming weight of the evidence requires a finding that the complainant was sexually harassed.

    Keywords:

    evidence; sexual harassment;



  • Judgment 2619


    103rd Session, 2007
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The decision to grant special leave must be made on a case-by-case basis. It is not possible to assume that, because special leave has been granted to one staff member, it must be granted to all, unless all cases are identical in fact and in law. [...] Discrimination cannot be established until it is proved that staff members in identical situations were treated differently."

    Keywords:

    breach; difference; discretion; equal treatment; evidence; exception; official; organisation's duties; same; special leave;



  • Judgment 2616


    102nd Session, 2007
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "The failure of the [Joint Disciplinary Committee] and, in turn, the Director-General to take into account the highly relevant evidence as to the complainant's health [...] constitutes an error of law."

    Keywords:

    advisory body; disciplinary procedure; disregard of essential fact; evidence; executive head; health reasons; organisation's duties;



  • Judgment 2558


    101st Session, 2006
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(b)

    Extract:

    The complainant accuses the Appeals Committee of having breached her defence rights by refusing to call on the Office to produce the documents she requested. "Ideally, the Appeals Committee would have given reasons for rejecting the complainant's offer of additional evidence in the form of the testimonies of seven witnesses and 15 documents that the Office was being asked to produce, or would at least have made it clear in its opinion that the evidence already produced was sufficient to lead it to an objective assessment of the relevant facts. The complainant, however, offers no convincing explanation that all these items of evidence are really relevant. The Tribunal cannot therefore consider the rejection of the proffered evidence as constituting abuse of the broad discretion that internal appeals bodies must enjoy in this area."

    Keywords:

    abuse of power; breach; complainant; disclosure of evidence; discretion; evidence; grounds; internal appeals body; misuse of authority; offer; oral proceedings; organisation; refusal; report; request by a party; right to reply; testimony;



  • Judgment 2524


    100th Session, 2006
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    "The Joint Appeals Panel [examining a case of alleged harassment] fell into [...] error by analysing certain of the incidents upon which the complainant relied as separate or independent events without considering them in their overall context."

    Keywords:

    effect; evidence; harassment; internal appeal; internal appeals body; moral injury; organisation's duties; respect for dignity;

    Consideration 25

    Extract:

    "There were [...] fundamental errors of law in the approach of the [Joint Appeals] Panel. It proceeded on the basis that it was necessary to establish an intention to 'intimidate, insult, harass, abuse, discriminate or humiliate a colleague' and concluded that there must be 'bad faith or prejudice or other malicious intent' before that intention could be inferred. That is not correct. Harassment and mobbing do not require any such intent. However, behaviour will not be characterised as harassment or mobbing if there is a reasonable explanation for the conduct in question. (See Judgment 2370, under 17.) On the other hand, an explanation which is prima facie reasonable may be rejected if there is evidence of ill will or prejudice or if the behaviour in question is disproportionate to the matter which is said to have prompted the course taken."

    Reference(s)

    ILOAT Judgment(s): 2370

    Keywords:

    bias; criteria; evidence; good faith; harassment; moral injury; organisation's duties; respect for dignity;



  • Judgment 2522


    100th Session, 2006
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal concludes that the internal appeal proceedings were not conducted with due diligence or with the care owed by an international organisation to its staff. The complainant had reason to believe that the Agency was making every effort to hamper the proceedings to prevent them from being concluded within a reasonable time. He was not informed of the final outcome of his internal appeal until nearly two months after the Director General had taken his final decision. Moreover, the latter replied to the complainant's request for review more than three months after the request was submitted, and only after an appeal had been lodged with the Joint Appeals Board. The Tribunal concludes from the above that the complainant suffered moral injury."

    Keywords:

    decision; delay; due process; evidence; internal appeal; late decision; moral injury; organisation's duties; procedure before the tribunal; reasonable time; staff member's interest; time limit;



  • Judgment 2521


    100th Session, 2006
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "The Tribunal has frequently pointed out that it is for the person alleging harassment to prove specific facts supporting that allegation (see Judgments 2067, 2100, 2370 and 2406). [...] As with the facts relied on to establish harassment, it is for the person making the allegation to establish that the acts or decisions in question were accompanied by some purpose or attitude which allows them to be so characterised."

    Reference(s)

    ILOAT Judgment(s): 2067, 2100, 2370, 2406

    Keywords:

    burden of proof; case law; decision; evidence; harassment; moral injury; organisation's duties; respect for dignity;

    Consideration 10

    Extract:

    In a case of moral harassment, the existence of "other complaints [...] might [...] support [...] the claim of harassment, but the absence of complaint could not be used to support the contrary proposition."

    Keywords:

    complaint; evidence; harassment; lack of evidence; moral injury; organisation's duties; respect for dignity; subsidiary;



  • Judgment 2510


    100th Session, 2006
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal has consistently held that it will not order the production of documents on the speculative basis that something might be found to further the complainant's case."

    Keywords:

    disclosure of evidence; evidence; further submissions; order; procedure before the tribunal; request by a party; submissions;



  • Judgment 2507


    100th Session, 2006
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Criticism of a subordinate's performance and behaviour, even in inappropriately strong language, does not, of itself, evidence harassment or prejudice. Certainly, that is so where [...] the performance and behaviour in question are confirmed by other senior and responsible officials. That being so, and there being no other evidence to support the complainant's claims, the allegations of harassment and prejudice must be rejected."

    Keywords:

    bias; conduct; different appraisals; evidence; harassment; moral injury; organisation's duties; performance report; respect for dignity; supervisor; work appraisal;



  • Judgment 2494


    100th Session, 2006
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Eurocontrol contends that Mr R.'s complaint is time-barred because it was filed more than three months after the notification of the decision rejecting his internal complaint. However, the Agency has produced no evidence of the date on which that decision was effectively notified. Failing such evidence, which it is the Agency's responsibility to provide, that complaint must be regarded as having been filed in good time."

    Keywords:

    burden of proof; complaint; date of notification; decision; disclosure of evidence; evidence; internal appeal; lack of evidence; organisation's duties; receivability of the complaint; refusal; time bar; time limit;



  • Judgment 2475


    99th Session, 2005
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    The complainant was dismissed on the grounds of misconduct following an investigation. "The procedure adopted in this case was clearly flawed in that the complainant was denied the opportunity to question any of the persons whose statements were used against him, evidence of little probative value was relied upon and, at least to some extent, he was required to prove his innocence instead of having the matters alleged proven against him. [...] It follows that the [...] decision [...] to dismiss the complainant must be set aside. The complainant shall be reinstated [...] and shall receive all arrears of salaries and other benefits; he must account for any earnings from other employment."

    Keywords:

    adversarial proceedings; breach; burden of proof; consequence; disciplinary measure; evidence; inquiry; investigation; lack of evidence; procedural flaw; reinstatement; serious misconduct; staff member's duties; termination of employment; testimony;



  • Judgment 2471


    99th Session, 2005
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    As the Tribunal has said on several occasions, the complainant must provide evidence of the injury suffered and of a causal link between the alleged unlawful acts and that injury.

    Keywords:

    causal link; evidence; injury;



  • Judgment 2457


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Organisation contends that the claims for damages are irreceivable because they were put forward in this specific manner for the first time in the complaint. However, it appears from the submissions that the request concerning damages had in fact been made in the course of the internal appeal procedure, albeit only orally and in general terms. [...] The Tribunal therefore considers that, in accordance with the case law (see in particular Judgment 2360), the claims for damages are receivable."

    Reference(s)

    ILOAT Judgment(s): 2360

    Keywords:

    appraisal of evidence; breach; case law; claim; complaint; evidence; formal requirements; internal appeal; internal remedies exhausted; material damages; moral injury; new claim; procedure before the tribunal; receivability of the complaint; request by a party;



  • Judgment 2440


    99th Session, 2005
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8-9

    Extract:

    An international organisation cannot presume that a staff member participated in industrial action, and withold part of his/her salary, if it does not have proof of his/her participation in the collective actions.

    Keywords:

    deduction; entitlement for service rendered; evidence; organisation's duties; participation; right to strike; salary; strike;



  • Judgment 2427


    99th Session, 2005
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to the case law [...], the Tribunal is competent to review the lawfulness of any decision by the Director-General to terminate a staff member's probation. In particular, it may determine whether that decision is based on errors of fact or law, or whether essential facts have not been taken into consideration, or whether clearly mistaken conclusions have been drawn from the facts, or, lastly, whether there has been an abuse of authority. The Tribunal may not, however, replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service (see Judgment 318, considerations).
    Other cases mention, as further grounds on which the Tribunal will review such decisions, a formal or procedural flaw, or lack of due process (see, for example, Judgments 13, 687, 736, 1017, 1161, 1175, 1183 and 1246) which, it has been noted, must be substantial to invalidate an end-of-probation termination decision."

    Reference(s)

    ILOAT Judgment(s): 13, 318, 687, 736, 1017, 1161, 1175, 1183, 1246

    Keywords:

    abuse of power; case law; competence of tribunal; conduct; contract; decision; decision quashed; disregard of essential fact; evidence; executive head; fitness for international civil service; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; probationary period; procedural flaw; termination of employment; tribunal; work appraisal;



  • Judgment 2362


    97th Session, 2004
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "By virtue of successive short-term contracts and extensions thereof, [the complainant's] service lasted for four years. The series of extensions and the grant of pension coverage and other benefits did not signify a change in her original status. Staff Rule 3.5(a) [...] cannot be invoked by her as proof that her appointment had been converted to fixed-term. While this provision ostensibly bestows on her 'the terms and conditions of a fixed-term appointment', it would be stretching the intent and signification of the provision to make the complainant a fixed-term official (see Judgment 1666). Had that been the purpose of the Rule, it would have explicitly so provided instead of stating that 'the terms and conditions of a fixed-term appointment [...] shall apply to [the official concerned]'. The complainant was recruited as a short-term official and remained one at all times."

    Reference(s)

    Organization rules reference: Staff Rule 3.5(a) of the Rules Governing Conditions of Service of Short-Term Officials
    ILOAT Judgment(s): 1666

    Keywords:

    amendment to the rules; commutation; contract; evidence; extension of contract; fixed-term; fringe benefits; fund membership; interpretation; official; period; provision; purpose; short-term; staff regulations and rules; status of complainant; successive contracts; terms of appointment; unjspf;



  • Judgment 2324


    97th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10-11

    Extract:

    "[P]ursuant to Rule 5.3.01, only the Director General had authority to place the complainant on special leave with full pay [...] However, [...] it was the Director of Administration, not the Director-General, who wrote to the complainant and informed her that he was 'placing [her] on special leave with pay until further notice'. That letter contains no reference whatsoever to the Director General or to any discussions with the latter. And although, in her request for review, the complainant expressly contended that the Director of Administration had taken the decision in question, the Director-General did not say anything to the contrary in his reply. [...] That correspondence gives rise to the very strong inference that the decision was taken by the Director of Administration and not by the Director General."

    Reference(s)

    Organization rules reference: Interim Staff Rule 5.3.01

    Keywords:

    competence; decision; delegated authority; evidence; executive head; special leave;



  • Judgment 2316


    96th Session, 2004
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 19-20

    Extract:

    The complainant wants to be granted her salary increment to step X retroactively. "The particular circumstances upon which the ITU relies to argue that the complainant should not be granted her step X increment are that the unsatisfactory nature of her services had already been documented prior to the report signed on 3 May 2002 and that she did not cooperate with the establishment of her periodic appraisals. It may at once be noted that the appraisal for the relevant period was not made in May 2002, but in November of that year. Further, and given the complainant's absence on sick leave at various times during the relevant appraisal periods, it is difficult to infer lack of cooperation on her part. However, and more to the point, the matters upon which the Union relies fall far short of establishing that it made a genuine effort to comply with its own procedures, and do not show that the complainant frustrated or sabotaged any such effort. That being so [...], those considerations cannot defeat the complainant's entitlement to her step X increment retroactively. The treatment of the complainant by the ITU is [...] unacceptable."

    Keywords:

    claim; complainant; date; evidence; increment; liability; organisation; organisation's duties; patere legem; performance report; period; procedure before the tribunal; request by a party; right; sick leave; unsatisfactory service; work appraisal;



  • Judgment 2306


    96th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10-11

    Extract:

    "As a general rule, damages for breach of contract, including wrongful termination of a contract of employment, are confined to the amount necessary to put the injured party in the position he or she would have enjoyed if the contract had been performed. Thus, ordinarily, an employee is entitled, in the case of wrongful termination, to salary and entitlements only up to the date on which the contract would normally have expired. Of course, in some circumstances, material damage may extend beyond the salary and allowances that would otherwise have been paid during the course of the contract. Thus, for example, an employee may be entitled to additional compensation if it is shown that he or she lost a valuable chance of having the contract renewed or extended."

    Keywords:

    abuse of power; allowance; amount; compensation; contract; evidence; exception; extension of contract; general principle; injury; limits; material damages; material injury; misuse of authority; official; reconstruction of career; right; salary; termination of employment;



  • Judgment 2299


    96th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's application for the post of technically qualified member of a board of appeal was unsuccessful. "The complainant considers that he was discriminated against because the Selection Board did not grant him an interview. Obviously the Board decided that, in the light of the candidacies submitted, an interview would not be necessary because it considered that it made procedural sense not to call a candidate who, in its opinion, appeared to be unsuitable for the vacancy concerned, which does not preclude the possibility of comparing the merits of all the candidates in the event of a subsequent challenge."

    Keywords:

    bias; candidate; competition; evidence; post; procedure before the tribunal; selection board;

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Last updated: 27.01.2022 ^ top