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Lack of evidence (152,-666)

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Keywords: Lack of evidence
Total judgments found: 99

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  • Judgment 2363


    97th Session, 2004
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant's application for a post was unsuccessful. "While the complainant is undoubtedly technically qualified for the coveted post, and was found to be so in the two competitions in which she was unsuccessful, she was also, in both cases, found by two separate Selection Committees not to be the most qualified. Although the complainant clearly has a high view of her own merits, the fact that that view is not universally shared by others, whose honesty and good faith the complainant has not been successful in impugning, does not mean that the complainant has been unfairly treated or that she has been denied a promotion which should rightfully have been hers."

    Keywords:

    advisory opinion; breach; candidate; competence; competition; difference; equal treatment; good faith; lack of evidence; post; promotion; qualifications; refusal; right; selection board;



  • Judgment 2356


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainant claims damages for the injury resulting from the inclusion in her personnel file of a memorandum bearing negative remarks about her performance. "While there is no evidence whatsoever to support the complainant's claim that she was humiliated and that her future career prospects were adversely affected by this memorandum, the fact remains that the Appeals Committee found, and the Director-General accepted, that the document should be removed from her file. That necessarily implies an acceptance by the Organization that it had acted wrongly in putting it there in the first place. This entitles her to a nominal award of moral damages which the Tribunal evaluates at 500 euros."

    Keywords:

    acceptance; advisory opinion; breach; career; claim; executive head; general service category; grade; injury; internal appeals body; lack of evidence; moral injury; official; personal file; request by a party; respect for dignity; right; supervisor; unsatisfactory service;



  • Judgment 2354


    97th Session, 2004
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6-7

    Extract:

    The complainant's post as a translator was abolished and his appointment was terminated. "According to the [applicable] provisions, the Secretary General was obliged to consult the Staff Committee before terminating [an] appointment. The Tribunal considers that this obligation to consult - which must not be seen as just an unnecessary formality, even though the Secretary General is not bound by the opinion of the advisory body - is not fulfilled unless the advisory body is in such a position that it can give an opinion independently and in full knowledge of the facts, which implies that it must be provided with all the information it needs, and especially the real reasons for the proposed measure, so that it can express an objective opinion. [...] While it emerges from the submissions that the general reasons for reducing the number of translators had been brought to the attention of the Staff Committee, it has not been established that the latter had been given the specific reasons for suppressing the complainant's post, rather than that of another official of the same grade and in the same Directorate, prior to delivering its opinion. [...] In the Tribunal's view, this lack of precise information concerning the specific reason for the decision to suppress the complainant's post in particular and to terminate his appointment invalidated the consultation provided for in [the applicable provisions], which is tantamount to saying that no consultation took place."

    Reference(s)

    Organization rules reference: Staff Regulation 12(a), Staff Rule 12.1(a) and Staff Circular No. 142

    Keywords:

    abolition of post; advisory body; advisory opinion; binding character; condition; consequence; decision; due process; duty to inform; executive head; flaw; grade; grounds; independence; lack of evidence; official; organisation's duties; post held by the complainant; provision; staff reduction; staff regulations and rules; termination of employment; written rule;



  • Judgment 2351


    97th Session, 2004
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7(c) and 8(a)

    Extract:

    When he was recruited the complainant provided a copy of a diploma but its authenticity was questioned a few years later. The matter was queried with the educational establishment and the Secretary-General then issued the complainant a written censure. The Tribunal considers that "there was not sufficient proof either that the diploma was not issued to the complainant [...] or that the latter had been informed that, according to the [educational establishment], he was not entitled to receive it. The Secretary-General might have enquired further into the aspects which remained uncertain, but did not do so. The 'likelihood' referred to by the Secretary-General, if it is not incontrovertibly ascertained, cannot make up for the lack of conclusive evidence. Based as it is on an arbitrary appraisal of the facts, the impugned decision as far as it concerns the disciplinary sanction must therefore be set aside. Although it did not give rise to a written decision, the non-renewal of the short-term contract was based on charges levelled against the complainant in the course of the disciplinary procedure. The mere cancellation of the disciplinary sanction must entail that of the decision of non-renewal."

    Keywords:

    bias; consequence; contract; decision; decision quashed; degree; disciplinary measure; disciplinary procedure; executive head; grounds; implied decision; inquiry; investigation; lack of evidence; non-renewal of contract; organisation's duties; right; short-term; terms of appointment; warning;



  • Judgment 2350


    97th Session, 2004
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    The Administration accessed the complainant's computer while she was on sick leave. The Tribunal considers that "the events which occurred during the complainant's absence on sick leave were most unfortunate. However [...] it is understandable that, given the urgency attending the Sub-Committee meeting preparations on which the complainant was working, her computer was accessed. [The] matter could and should have been handled with greater sensitivity and with proper regard to the complainant's privacy. Even so, those events fall far short of establishing hostility amounting to harassment."

    Keywords:

    confidential evidence; formal requirements; lack of evidence; mitigating circumstances; organisation's duties; respect for dignity; sick leave; working relations;

    Considerations 17-18

    Extract:

    The complainant submits that the behaviour of the Administration towards her amounted to harassment since she got only a one-step salary increase, rather than the two proposed by her supervisor, and only a two-year extension of contract rather than the customary three years. The Tribunal considers that such decisions "were decisions which the Secretary-General was entitled to reach in the exercise of his discretion. That being so, such decisions can only be viewed as part of a campaign of harassment if the other events upon which the complainant relies give rise to an inference that these were taken because of hostility, ill will or other improper motive. The complainant has failed to prove harassment."

    Keywords:

    burden of proof; cumulative decisions; decision; discretion; duration of appointment; executive head; extension of contract; grounds; harassment; increment; lack of evidence; recommendation; supervisor; working relations;



  • Judgment 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Much of the complainant's argument is directed to the proposition that the Commission cannot secure services of the standard specified in [Staff] Regulation 4.2 if it cannot retain those services beyond seven years, particularly as it has to compete for staff with other international organisations. That proposition is not self-evidently correct. Nor is it established by pointing, as the complainant does in his submissions, to international organisations which have a similar policy and which, according to the complainant, have or may have had difficulties in recruiting and retaining suitable staff. Moreover, [...] exceptions [are allowed] in the case of a need to retain 'essential expertise or memory in the Secretariat' ensures that, to that extent, its staffing needs can be satisfied."

    Reference(s)

    Organization rules reference: CTBTO PrepCom's Staff Regulation 4.2

    Keywords:

    appointment; career; contract; enforcement; exception; general principle; lack of evidence; limits; non-local status; non-renewal of contract; official; organisation; professional category; qualifications; safeguard; staff regulations and rules; terms of appointment; written rule;



  • Judgment 2293


    96th Session, 2004
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11-12

    Extract:

    "While there is no doubt whatever that the Organisation owes a duty of good faith to its staff - '[r]elations between an organisation and its staff must be governed by good faith' (see Judgment 2116) - bad faith must be proved and is never presumed. [...] Although to act in bad faith is always to mismanage, the reverse is not the case and honest mistakes or even sheer stupidity will not, without more, be enough. Bad faith requires an element of malice, ill will, improper motive, fraud or similar dishonest purpose."

    Reference(s)

    ILOAT Judgment(s): 2116

    Keywords:

    burden of proof; decision; evidence; good faith; lack of evidence; misconduct; organisation's duties; staff member's duties; working relations;



  • Judgment 2226


    95th Session, 2003
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    The complainant was reassigned from one day to the next. "Considering the complainant's length of service (12 years with the organization), the absence of any report of misconduct or unsatisfactory performance on his part, or any indication of urgency that might have justified a sudden, unheralded management decision to reassign him, the action of the Director-General was flawed by procedural irregularity."

    Keywords:

    decision; executive body; executive head; flaw; lack of evidence; misconduct; notice; organisation; period; procedural flaw; reassignment; report; satisfactory service; unsatisfactory service; work appraisal;



  • Judgment 2142


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16-17

    Extract:

    The complainants' request for mutually agreed separation was not allowed. "They suggest that a number of staff members who were granted a mutually agreed separation should not have been entitled to benefit from the exercise [...] The complainants request that the Tribunal itself undertake a complete examination of all documents relative to the [...] selection process or, alternatively, that they themselves, or their representative, be allowed to examine the documents. The Tribunal will not make an order of the type sought. The documents of the [mutually agreed separation] exercise, to the extent that they apply to other staff members, are confidential and the complainants' representative enjoys no privileged position in this regard. Without some evidence to support the complainants' unfounded allegations [...] the Tribunal will not sanction, or itself undertake, a wholesale 'fishing expedition' based on nothing more than the possibility that something may turn up."

    Keywords:

    acceptance; agreed termination; appointment; competence of tribunal; complainant; confidential evidence; counsel; disclosure of evidence; iloat; lack of evidence; mistake of fact; official; procedure before the tribunal; refusal; request by a party; right;



  • Judgment 2098


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant denies having signed an agreement for the termination of his appointment. He asked for a signed copy of the agreement but the organization cannot provide it. "The facts show beyond all doubt that the complainant accepted the [organization]'s offer. His attitude [is] tantamount to an admission that he did agree to the termination of his appointment. This is further borne out by the fact that he raised no objection when the agreement was implemented. The concurrence and reciprocity between the parties would in itself constitute sufficient evidence that a contract existed even in the absence of proof of a written agreement."

    Keywords:

    acceptance; agreed termination; complainant; contract; enforcement; evidence; intention of parties; lack of evidence; offer; request by a party;



  • Judgment 2083


    92nd Session, 2002
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 8-9

    Extract:

    The complainant suffered from retinal detachments and a detachment of the vitreous. The organization recognised her eye condition as service incurred. In "September 1998 [...] the [organization] decide[d] to stop reimbursing the bills [she submitted] on [the] grounds [...] that curing her retinal detachments was no longer the object of the treatment. However, it did not show that the service-incurred injuries were not a "direct and principal" cause of the treatment [... ] The Tribunal takes the view that although, as the organization says, the decision to stop reimbursing the bills was at the discretion of the Director-General, it could not be taken without an independent expert medical opinion obtained through a process which provides all the safeguards of transparency and impartiality." The case is therefore sent back to the organization.

    Keywords:

    consequence; decision; discretion; due process; executive head; expert inquiry; grounds; illness; independence; lack of evidence; medical expenses; medical opinion; organisation; organisation's duties; procedure before the tribunal; professional accident; refund; refusal; safeguard; service-incurred;



  • Judgment 2073


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The organisation modernized the Patent Office examination data management system. Consequently, superiors had access to individual examiner's data. The organisation failed to follow its own rules by delaying the adoption of a rule on data protection. "While the complainants have not shown any prejudicial consequences, the Tribunal nevertheless will sanction the [organisation]'s breach by a nominal global award of damages amounting to 1,000 German marks and a global award for costs amounting to 2,000 euros."

    Keywords:

    administrative delay; amount; breach; complainant; costs; damages; injury; lack of evidence; organisation's duties; supervisor; written rule;



  • Judgment 2014


    90th Session, 2001
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The Tribunal considers that either there was sufficient admissible evidence of the guilt of the complainant as an accused staff member or there was not. If there was not enough admissible evidence to convince the person making a decision, the charge should have been dismissed; if there was enough such evidence, then there should have been a finding of guilty. What is not permissible is to take a stand somewhere between the two, which is what the [Joint Appeals] Board did."

    Keywords:

    admissibility of evidence; appraisal of evidence; due process; evidence; lack of evidence; organisation's duties; presumption of innocence; staff member's interest;



  • 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 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 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;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The complainants "quite wittingly consented [...] to the contracts of service they were offered and were aware that, being for a fixed term ,the contracts could not run beyond the period of two years they set. [They may not] object a posteriori to an essential term of the contract, viz. its duration, in an attempt to have it converted to a permanent appointment. They have adduced not a jot of evidence to suggest that the organisation acted in any but its own legitimate interests either when the contracts were made out or when they came to an end."

    Keywords:

    acceptance; contract; duration of appointment; evidence; fixed-term; lack of evidence; misuse of authority; permanent appointment; terms of appointment;



  • Judgment 1384


    78th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant was accused of removing computer equipment from the work place. The organization accordingly decided not to renew his fixed-term appointment. After carrying out an inquiry, the regional director submitted a first report which "showed that there was at most mere suspicion that the complainant might have been involved. There was no basis on which the organization could contend that the charge of theft had been satisfactorily proved. What it did in effect was to reverse the burden of proof by expecting the complainant to show that hisconduct was 'spotless'."

    Keywords:

    burden of proof; conduct; contract; evidence; fixed-term; inquiry; investigation; lack of evidence; misconduct; non-renewal of contract; presumption of innocence;

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Last updated: 23.11.2020 ^ top