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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 642


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal held that the certificate provided did not include all the information required by the Staff Regulations. "The complainant's argument is that prospective employers were unable to assess fully the merit of her applications [...] The argument would succeed if the complainant's allegations were not unsupported. Although she need not offer formal proof, she ought to indicate what organisations and companies she approached and how they responded. [...] The complainant must establish injury, and she has failed to do so."

    Keywords:

    certificate of service; formal requirements; injury; lack of evidence;



  • Judgment 641


    54th Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Tribunal [...] holds that between the overtime [the official] performed and his death no causal link is proved so close as to warrant the conclusion that death was attributable to official duties. His death was not the direct outcome of the additional work he did. Such being the facts of the case, the Tribunal will dismiss the complaint."

    Keywords:

    cause; death; lack of evidence; service-incurred;



  • Judgment 640


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

    Considerations 1 and 4

    Extract:

    "The complainant was dismissed on the grounds of attempted theft of four wooden chairs from the organization. [...] In sum, the arguments in favour and against cancel each other out. The charge of attempted theft cannot therefore be taken as proven and the impugned decision is unlawful. The Tribunal will not order the reinstatement of the complainant, who has left the FAO. Instead it will award him compensation".

    Keywords:

    lack of evidence; material damages; moral injury; serious misconduct; termination of employment;



  • Judgment 636


    54th Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The appeal is against a decision to fill a post for which the complainant had been rejected four months before. As such the appeal is unarguable unless it can be shown that the two events are linked. The complainant must show that the true reason for his rejection [...] was not his lack of qualification but was an abuse of power, being wrongly motivated by the intention to secure the appointment of [another official] in the following months. The evidence tendered [...] falls far short of this."

    Keywords:

    appointment; candidate; competition; lack of evidence; misuse of authority; vacancy;



  • Judgment 607


    52nd Session, 1984
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "On the evidence before it the Tribunal can only reject the accusation. There is no proof of malice. As regards the possibility of a new assignment, although none of the complainant's applications was successful the Director-General gave reasons each time for refusing them, the reasons are legitimate and the decisions were in Unesco's interests. There was objective study of the possibilities of reassignment."

    Keywords:

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



  • Judgment 594


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

    Consideration 7

    Extract:

    "The matters cited by the complainant as showing prejudice and bias fall far short of establishing any abuse of authority on the part of the WHO and the allegation of personal prejudice and bias must be dismissed as groundless."

    Keywords:

    bias; lack of evidence; post classification;



  • Judgment 576


    51st Session, 1983
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The only point in favour of the complainant's claim [he says that he was transferred because of his trade union activities] is the suddenness of the decision, which came only a few days after he had attended meetings as a staff representative. "But the coincidence does not suffice to establish any misuse of authority. The circumstances of his [transfer] may be regrettable, but they have no effect on the lawfulness of the decision."

    Keywords:

    lack of evidence; misuse of authority; staff union activity; transfer;



  • Judgment 552


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3, 4 and 7

    Extract:

    The facts the complainant relies on "are intended to show that for years he has been the victim of hostility and it has affected his career, his day-to-day life at work and even his state of health. [...] There is not a shred of proof of his allegations of arbitrary and hostile treatment. In fact the appraisals of his performance are on the whole favourable [...] The complainant has failed to establish any injury due to personal prejudice on [the organisation's] part." The application for damages is rejected.

    Keywords:

    bias; lack of evidence; performance report; work appraisal;



  • Judgment 534


    49th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The complainant retorts that he was discriminated against on the grounds of his nationality and religion. There is no evidence in what the ILO did of any such abuse of authority. Besides, pending the hearing of this case by the Tribunal the ILO has offered the complainant alternative employment which he seems willing to accept."

    Keywords:

    bias; lack of evidence; nationality; transfer;



  • Judgment 528


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

    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 509


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "[The complainant] also seeks protection against defamation. There is, however, nothing in the written evidence to suggest that aspersions have been cast on her honour at any point in the proceedings."

    Keywords:

    lack of evidence; moral injury; respect for dignity;



  • 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 480


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

    Consideration 2

    Extract:

    "The complainant has not provided any satisfactory evidence that his salary would have increased if he had remained in the organization. It would no longer have increased by annual increments, since he had already reached the top level of his grade. His emoluments were expressed in United States dollars and there is no evidence of possible adjustments for cost of living." No such amounts will therefore be included in the reckoning of compensation.

    Reference(s)

    ILOAT Judgment(s): 427

    Keywords:

    adjustment; amount; cost-of-living increase; damages; lack of evidence; reckoning; salary;



  • Judgment 476


    47th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "It is not established that the complainant's supervisors [in deciding in favour of the transfer] committed any abuse of authority, i.e. that they acted on considerations extraneous to the organization's interests."

    Keywords:

    lack of evidence; misuse of authority; transfer;



  • Judgment 470


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

    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 448


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

    Consideration 8(b)

    Extract:

    "The political activities [the complainant] is said to have engaged in were never investigated and cannot therefore serve to excuse the inadequacy of the grounds for the decision. Even though the protests came from governments of [the Organization's] member states they are not decisive. The Organization cannot bow to a government's wishes before making sure that they are compatible with its own interests."

    Keywords:

    contract; fixed-term; independence; lack of evidence; member state; non-renewal of contract; organisation; organisation's interest; political activity;



  • 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 2

    Extract:

    "Under the general rules on the burden of proof, it is for the author to establish the date on which a communication was received. [...] For want of evidence as to the actual day of receipt, the Tribunal will accept what is said by the addressee."

    Keywords:

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



  • Judgment 445


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

    Consideration 2

    Extract:

    The complainant maintains that his provisional acceptance of employment as a consultant was based on statements by three officials who acknowledged is right to participate in the Pension Fund from that time. There is no evidence of such statements. "The complainant has all the less reason to object to the absence of proof because at the material time the statements were made, it was open to him to ask the three officials to confirm in writing what they had said."

    Keywords:

    lack of evidence; participation; promise; unjspf; validation of service;



  • Judgment 444


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

    Consideration 1

    Extract:

    Assurances were allegedly given that the complainant's temporary contract would be replaced by a fixed-term contract. This was done later than expected and the complainant suffered some financial loss. However, he does not prove that the assurance he allegedly received was anything more than an expression of hope and belief.

    Keywords:

    administrative delay; amendment to the rules; burden of proof; contract; duration of appointment; fixed-term; lack of evidence; promise; short-term;

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Last updated: 23.11.2020 ^ top