Bias (572,-666)
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Keywords: Bias
Total judgments found: 135
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Judgment 1371
77th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's "appraisal reports contain adverse comment by his supervisors, especially on his lack of initiative, and there is no evidence before the Tribunal to suggest that their views were not honestly held or were prejudiced. He was given a proper opportunity to comment on those views and his comments form part of the reports. In the circumstances the Tribunal disallows his application for the removal of them from his personal file."
Reference(s)
ILOAT Judgment(s): 1317
Keywords:
bias; good faith; lack of injury; performance report; personal file; right to reply; supervisor; unsatisfactory service; work appraisal;
Judgment 1367
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11 and 16
Extract:
"The dispute is about the time in which a staff member of WHO may exercise his right to removal of his household effects at the organization's expense upon retirement. [...] The Director-General's decision is arbitrary, not just because it fails to state the reasons for choosing the [...] new deadline for the refund of the costs of removal, but because it gives no consistent reply to the complainant's claim. It is a wrong exercise of discretion."
Keywords:
bias; breach; decision; discretion; duty to substantiate decision; limits; refund; removal expenses; time limit;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 40
Extract:
The complainant was charged with serious misconduct and dismissed. He alleges that the EPO imposed a penalty that was too severe and disproportionate in order to get back at him for his staff union work. "There is not a shred of evidence to support the charge of 'union-bashing' he levels against the EPO. What prompted the disciplinary proceedings was his pursuit of private business for his own enrichment and in abuse of his position as an official."
Keywords:
bias; breach; disciplinary measure; disciplinary procedure; outside activity; proportionality; staff member's duties; staff union activity;
Judgment 1342
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
There is evidence that the reasons the WHO gave for not extending his appointment were mistaken. "The refusal to extend the complainant's contract on patently untenable grounds makes it 'more probable than not' that the decision was actuated by personal prejudice against him. It therefore cannot stand."
Keywords:
bias; contract; moral injury; non-renewal of contract; presumption; separation from service;
Judgment 1340
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Subordinates are vulnerable to criticism by superiors and if criticism is untrue must be protected from unjust attack. In this case there was a duty on the organisation to make an investigation. Since it failed to take any such action the complainant is awarded moral damages for its failure to protect and vindicate his good name."
Keywords:
bias; injury; inquiry; investigation; moral injury; organisation's duties; staff member's interest; supervisor;
Judgment 1315
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."
Keywords:
abuse of power; appointment; bias; competition; competition cancelled; flaw; good faith; misuse of authority; open competition; organisation's duties;
Judgment 1268
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgments 107, consideration 1, and 1071, consideration 3.
Reference(s)
ILOAT Judgment(s): 107, 1071
Keywords:
bias; candidate; case law; competition; equal treatment; internal candidate;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant suggests that the Reports Committee which recommended against confirming her appointment following probation was biased. "The burden is on the complainant to show that the members of the Committee duly appointed by the Director General were not impartial, and she has failed to offer any evidence to suggest that they were not."
Keywords:
advisory body; bias; burden of proof; complainant; composition of the internal appeals body; discretion; evidence; executive head;
Consideration 8
Extract:
"The Tribunal will not ordinarily question the competence and qualifications of those whom the Director General appoints in the exercise of his discretion to the Reports Committee, provided that the rules are complied with and the members' independence and impartiality are not in doubt."
Keywords:
advisory body; bias; competence; composition of the internal appeals body; discretion; executive head; judicial review; procedure before the tribunal;
Judgment 1124
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Chairman of the Committee with a mandate to consider the complainant's request for review of the decision setting the amount of his termination indemnity resigned because he regarded other duties he held as incompatible with the chairmanship. "There was [...] nothing improper about that. Indeed, the Chairman's resignation removed a threat to the Committee's impartiality". It was, moreover, in line with Clause 3 of Article 146 of the Staff Rules.
Reference(s)
Organization rules reference: ARTICLE 146(3) OF THE INTERPOL STAFF RULES
Keywords:
bias; composition of the internal appeals body; enforcement; internal appeals body; recusal; staff regulations and rules;
Judgment 1077
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the outcome of a competition which she took part in. The Tribunal finds the material selection process is tainted with two flaws: the results were not "quantified" and the candidates were not anonymous. As the evaluation process was not a fair one, the complainant is entitled to damages.
Keywords:
bias; competition; equal treatment; procedural flaw;
Judgment 1075
70th Session, 1991
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The complainant seeks the quashing of his appraisal report on the grounds that it had been drawn up during a period of conflict with his supervisors. However, the report was prepared jointly by three supervisors. "[S]uch joint participation obviated any danger there would have been in having a report drawn up by a supervisor with whom the complainant had had a clash of personality or other form of conflict".
Keywords:
application for quashing; bias; performance report;
Judgment 958
66th Session, 1989
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant alleges that the reason why he was not appointed to a P.5 post as principal reviser was that "the Director-General disliked him as a militant member of one of the two staff associations". On the evidence before the Tribunal, the plea fails.
Keywords:
bias; candidate; competition; staff union activity;
Consideration 5
Extract:
"As to personal prejudice, the Tribunal has often said that it is usually concealed and its existence therefore usually has to be established by inference. [...] The Tribunal will [determine] whether in this case there is evidence strong enough to create a suspicion of prejudice. Only if it finds there is not will it consider the allegation of such suspicion in similar cases."
Keywords:
bias; evidence; judicial review;
Consideration 6
Extract:
"The foremost and surest safeguard against personal prejudice is due process, which is designed above all to prevent improper influence on administrative decisions."
Keywords:
bias; due process; safeguard;
Judgment 935
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant questions the impartiality of the President of the Tribunal on the grounds that the President allowed the EPO's application for permission to confine its reply to the issue of receivability. The President took that decision by virtue of his general authority to direct proceedings. Even when the President has granted permission to reply only on receivability the Tribunal may still declare a complaint receivable and order further pleadings on the merits, as indeed it did in Judgment 852."
Reference(s)
ILOAT Judgment(s): 852
Keywords:
bias; competence of tribunal; procedure before the tribunal; recusal; reply confined to receivability; tribunal;
Judgment 724
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It will be right not to approve a report only if the reporting officer made an obvious mistake over some important point, if he neglected some essential fact, if he was grossly inconsistent or if he can be shown to have been prejudiced. And he need not be deemed prejudiced just because his assessment for one period is not the same as another reporting officer's opinion of the same official for an earlier or later period."
Keywords:
bias; different appraisals; mistaken conclusion; performance report; rebuttal;
Judgment 722
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It will be right not to approve a report only if the reporting officer made an obvious mistake over some important point, if he neglected some essential fact, if he was grossly inconsistent or if he can be shown to have been prejudiced. And he need not be deemed prejudiced just because his assessment for one period is not the same as another reporting officer's opinion of the same official for an earlier or later period."
Keywords:
bias; different appraisals; judicial review; mistaken conclusion; performance report; rebuttal;
Judgment 631
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
The Tribunal finds downgrading of function and prejudice. The complainant asks that he be reassigned to a post "fully commensurate with his grade, experience and abilities: or [...] that he should be placed on [...] leave with pay until such time as a suitable post became available. The Tribunal considers this solution to be appropriate. The Tribunal would find it difficult to believe that such a post either at WHO headquarters or elsewhere could not be found for a man in the early fifties with an unbroken record of achievement in the service of the organization for nearly twenty years."
Keywords:
bias; downgrading; transfer;
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 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's present supervisors appraise his performance in terms identical or similar to those used by his earlier supervisors. There is no sign of prejudice against him. The lateness of the report is accounted for by the changes which took place. The papers which were not properly communicated to the complainant are unlikely to have been will fully concealed from him. The plea of prejudice therefore fails.
Keywords:
administrative delay; bias; performance report; work appraisal;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant objects that having only one candidate take the written test was a ruse. "The fact that two of those invited to take the test decided not to do so does not mean that the third was unduly favoured."
Keywords:
bias; candidate; competition;
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