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Deference (742,-666)

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Keywords: Deference
Total judgments found: 4

  • Judgment 4207


    129th Session, 2020
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the Director General’s decision to endorse the conclusion of the Office of Internal Oversight Services that it was unable to make a conclusive determination on her sexual harassment claim and to reject her related request for damages.

    Consideration 10

    Extract:

    [I]t must also be observed that it is well settled in the case law that “it is not the Tribunal’s role to reweigh the evidence before an investigative body which, as the primary trier of fact, has had the benefit of actually seeing and hearing many of the persons involved, and of assessing the reliability of what they have said. For that reason such a body is entitled to considerable deference. So that where [an investigative body] has heard evidence and made findings of fact based on its appreciation of that evidence and the correct application of the relevant rules and case law, the Tribunal will only interfere in the case of manifest error” (see Judgment 3593, consideration 12).

    Reference(s)

    ILOAT Judgment(s): 3593

    Keywords:

    deference; evidence; inquiry; investigation;



  • Judgment 4010


    126th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his performance appraisals for 2012 and the decisions to renew his fixed-term appointment for a period of six months rather than one year and, subsequently, not to renew it beyond its expiry.

    Consideration 7

    Extract:

    The Appeals Committee’s report in the present matter, as it was in Judgment 3969, consideration 11, is a mostly balanced and thoughtful analysis of the issues raised in the internal appeal and, on its analysis, the conclusions and recommendations were justified and rational. It is a report of a character which engages the principle recently discussed by the Tribunal in Judgment 3608, consideration 7, that the report warrants “considerable deference” (see also, for example, Judgments 3400, consideration 6, and 2295, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 2295, 3400, 3969

    Keywords:

    deference; internal appeals body;



  • Judgment 4005


    126th Session, 2018
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her complaint of harassment.

    Consideration 14

    Extract:

    Contrary to the complainant’s assertions, a reading of the report shows that the DAB engaged in an in-depth consideration of the complainant’s and Ms M.’s submissions, reviewed the relevant case law, specifically considered each of the alleged forms of harassment, the issue of retaliation, and carefully weighed the evidence with which it was provided. It is also observed that the DAB’s conclusions and recommendations were based on a thorough and balanced consideration of all the relevant facts and case law. It is now well established in the case law that such a report warrants considerable deference (see, for example, Judgment 3969, consideration 11).

    Reference(s)

    ILOAT Judgment(s): 3969

    Keywords:

    deference; internal appeals body;



  • Judgment 3858


    124th Session, 2017
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her appointment.

    Consideration 8

    Extract:

    [T]he report, findings and conclusions of the Appeals Board should be treated with considerable deference.

    Keywords:

    deference; internal appeals body;


 
Last updated: 23.09.2021 ^ top