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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 1894


    88th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "It is not for the complainant [...] to judge whether the information requested by [the insurance company] is necessary in order to enable it to assess her claims. That is a matter for the professional assessment of [the insurance company] and its medical adviser and the Tribunal would not interfere unless it was satisfied that the information was being sought for some abusive or improper purpose."

    Keywords:

    evidence; good faith; health insurance; illness; insurance; judicial review; limits; medical examination; medical expenses; staff member's duties; tribunal;



  • Judgment 1825


    86th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Tribunal's judgments are final and binding. They are not subject to appeal. The Tribunal will not entertain applications for revision or review except in the most unusual circumstances such as fraud or the discovery of conclusive new evidence which could not have been brought forward before. The stability of judicial procedures and the need to bring an end to litigation require that parties must accept the result they obtain even when they are unsatisfied with it. Where both parties have had a full opportunity to present their case and where no new and previously undiscoverable factual element is brought forward the principle of res judicata prevents the reopening and rearguing of cases already decided."

    Keywords:

    admissible grounds for review; application for review; condition; evidence; finality of judgment; new fact on which the party was unable to rely in the original proceedings; res judicata;



  • Judgment 1796


    86th Session, 1999
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The statements by the representative [of the organization] and by the complainant are at odds and there is no irrefutable evidence before the Tribunal. The conclusion is that what was needed was a proper inquiry to see whether on the strength of reliable evidence the charges against him stood up.

    Keywords:

    appraisal of evidence; disciplinary measure; disciplinary procedure; due process; evidence; inquiry; investigation; judicial review; misconduct;



  • Judgment 1791


    86th Session, 1999
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    "In support of their plea that the impugned decision rested on wrong reasons and wrong conclusions [the complainants] contend that [the Organization] was mistaken in its explanation: there was in fact no financial crisis warranting a compulsory pay cut. [...] The plea fails. The evidence [...] shows that [the Organization's] member States had not been spared the economic and financial plight of Europe at the time and so were much less able to fund the Organization. That was why [...] they had to think again about the budget [...] and demand a big cut. The Tribunal is satisfied on the evidence that [the Organization] did not give wrong reasons or draw any blatantly wrong conclusions."

    Keywords:

    budgetary reasons; duty to substantiate decision; evidence; grounds; mistaken conclusion; reduction of salary; salary;



  • Judgment 1784


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Under Manual paragraph I.2.510 the Organization is empowered to require that the original bills be attached to the form that the staff member must fill up to claim the education grant. It does not have to accept evidence of the sort the complainant is offering. It will evaluate any alternative proof he may produce in the absence of the bills. Original documents must have gone astray before, and it is often possible to reconstitute them. It is up to the Organization to decide - subject to review by the Tribunal - whether the proof offered is satisfactory."

    Reference(s)

    Organization rules reference: PARAGRAPH I.2.510 OF WHO MANUAL

    Keywords:

    admissibility of evidence; allowance; application for execution; appraisal of evidence; burden of proof; complainant; disclosure of evidence; discretion; education expenses; evidence; judicial review; lack of evidence;



  • Judgment 1781


    85th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The complainant submitted that the Director-General had verbally promised him three step increments at his grade. On the evidence there is no denial by the Director-General on that point. The Tribunal holds that: "While the Director-General may communicate within the Organization through others acting on his behalf, the best evidence available must be offered in proceedings before the Tribunal. In this instance it would have been direct denial by the Director-General himself."

    Keywords:

    disclosure of evidence; evidence; executive head; lack of evidence; promise;



  • Judgment 1775


    85th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Although evidence of personal prejudice is often concealed and such prejudice must be inferred from surrounding circumstances, that does not relieve the complainant, who has the burden of proving his allegations, from introducing evidence of sufficient quality and weight to persuade the Tribunal. Mere suspicion and unsupported allegations are clearly not enough, the less so where [...] the actions of the Organization which are alleged to have been tainted by personal prejudice are shown to have a verifiable objective justification."

    Keywords:

    bias; burden of proof; complainant; evidence; lack of evidence;



  • Judgment 1745


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The [Organisation] says, quite rightly, that the verbatim record of the Board's hearings does not have the same authority in law as formal minutes. Yet statements made by some witnesses, undoubtedly in good faith, are worth citing."

    Keywords:

    admissibility of evidence; evidence; good faith; internal appeals body; submissions; testimony;



  • Judgment 1732


    84th Session, 1998
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    It has been plain "that an allegation of personal prejudice will rarely be susceptible of direct proof and must usually be established by inference: see Judgment 495 [...]. Where there is a rational and legitimate explanation for the decision, however, the Tribunal should not be overzealous to infer bad faith or improper motive simply because the individuals concerned do not enjoy good personal relations."

    Reference(s)

    ILOAT Judgment(s): 495

    Keywords:

    abuse of power; bias; decision; evidence; grounds; misuse of authority; working relations;



  • Judgment 1715


    84th Session, 1998
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "In order to be a 'dependent spouse' someone must be not only the dependant but also the 'spouse' of the staff member. As a general rule, and in the absence of a definition of the term, the status of spouse will flow from a marriage publicly performed and certified by an official of the State where the ceremony has taken place, such marriage being then proved by the production of an official certificate. The Tribunal accepts, however, that there may be de facto situations, of which 'traditional' marriages are examples, and which some States recognise as creating the status of 'spouse'. In each such case where there is no definition of 'spouse' it will be up to the staff member to prove not only the existence of the relevant fact but also the precise provisions of local law which give it consequences and the exact nature of those consequences, and he must show that such law is applicable in the context of the Organisation's Staff Regulations and Rules."

    Keywords:

    burden of proof; definition; dependant; domestic law; evidence; insurance benefits; marital status; staff regulations and rules;



  • Judgment 1661


    83rd Session, 1997
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant has applied for hearings to take evidence from several witnesses and from himself [...]". The Tribunal holds that there is no need for hearings or from the taking of evidence from the proposed witnesses and gives six reasons why.

    Keywords:

    appraisal of evidence; evidence; oral proceedings; refusal; right to reply; submissions; testimony;



  • Judgment 1659


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The defendant strongly objects to the complainants' producing privileged documents which it says they should never have disclosed without leave from the Secretary-General and which should therefore be discounted. The complainants explain that when still on the staff they were regularly sent such documents. So it is hard to see what is wrong with their relying thereon in pleadings that are confidential anyway."

    Keywords:

    acceptance; confidential evidence; disclosure of evidence; evidence; executive head; iloat; submissions;



  • Judgment 1656


    83rd Session, 1997
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The only basis on which [the complainant] invokes the Tribunal's jurisdiction is that the EMBL has failed to take a decision upon her alleged claims [but] she has failed to establish that she did make them and that they related to the matters which form the subject of this complaint. Her complaint is therefore irreceivable."

    Keywords:

    complaint; evidence; implied decision; internal appeal; internal remedies exhausted; lack of evidence; receivability of the complaint; request by a party;



  • Judgment 1637


    83rd Session, 1997
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant came by and produced the minutes of a meeting of the Advisory Board on Compensation Claims even though the document was privileged. "The Organization objects and in its reply asks the Tribunal to disregard [the minutes]. Yet the [document] forms part of the case records, the complainant did not obtain it by deceit, its authenticity is not in dispute, and in citing it the Organization seeks to belittle its importance. There are no grounds for striking out a text that is material to the case and that in any event the Tribunal might have ordered the defendant to disclose."

    Keywords:

    confidential evidence; disclosure of evidence; evidence; submissions;



  • Judgment 1606


    82nd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant's case is that his earning capacity has been impaired, not directly, but merely indirectly in that travel is essential for any employment for which he is suited and his condition [following a service incurred accident] has made it difficult, if not impossible, for him to travel. The burden therefore lay on him in the internal proceedings to show that any suitable employment would entail an appreciable amount of travel."

    Keywords:

    burden of proof; evidence; incapacity; injury; professional accident; service-incurred;



  • Judgment 1560


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The complainant asks the Organization to say how often it has stopped a competition in order to change the duties of the vacant post and regrade it. There is no need for evidence on that score since the issue is not decisive: if the procedure is lawful it is immaterial how often UNESCO may have followed it before".

    Keywords:

    competition; competition cancelled; disclosure of evidence; evidence; post; post classification; submissions;



  • Judgment 1551


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "A claim to damages cannot succeed unless the claimant proves the unlawful act and the consequent injury. Since the complainant has not done so, his claim to damages must fail."

    Keywords:

    complainant; condition; evidence; injury; material damages; moral injury; request by a party;



  • Judgment 1539


    81st Session, 1996
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "Inasmuch as the letters of appointment say nothing of 'local' or 'non-local' status, the Tribunal will treat the facts of the case as decisive. A contractual provision on status would be necessary only if the matter were uncertain or if the parties had agreed that she should have a status different to the status that the facts determine. Since such agreement would involve a waiver by the complainant of her rights of non-local status, it may not be presumed in the absence of clear evidence of such waiver."

    Keywords:

    appraisal of evidence; contract; evidence; intention of parties; local status; non-local status; place of origin; status of complainant; terms of appointment;



  • Judgment 1534


    81st Session, 1996
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4-5

    Extract:

    There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."

    Keywords:

    cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;



  • Judgment 1461


    79th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Eurocontrol has laid down a new requirement for the grant of an allowance. The Tribunal considers that "the Agency fails to show that it imposed this further requirement in the past and that it therefore forms part of the practice affirmed in the judgment. By rejecting the complainants' claims on such grounds, Eurocontrol is in breach of the rule by which it is bound through its acknowledged practice of granting the allowance".

    Keywords:

    evidence; lack of evidence; patere legem; practice;

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