Lack of evidence (152,-666)
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Keywords: Lack of evidence
Total judgments found: 99
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Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(D)
Extract:
"It is not a simple case of non-renewal. The complainant was the victim of a misconceived charge of misconduct of which the Director pronounced him to be guilty. The letter dropping the charge contained no withdrawal or apology and was composed as if the dropping was an act of lenience [...]. The illegal use of [the provision respecting special leave] made it appear as if the complainant had been summarily dismissed. [...] By these acts the complainant must have been caused deep distress. On the natural assumption that this course of action was pursued by a Director exercising wisdom and impartiality the interested public would inevitably conclude that the complainant had in some way disgraced himself".
Keywords:
contract; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury; respect for dignity; serious misconduct;
Judgment 421
45th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
the complainant contends that the recommendation on which the director acted was vitiated by prejudice against him. he mentions three points relating to his nationality and previous conduct. "there is no reason to think that any of these matters, if and insofar as they were known to the two members of the working party, influenced their conclusions in any way." the working party had been set up to advise the director-general on staff reductions. on the day of the meeting to consider the complainant's case, the working party consisted of only two members appointed by the administration.
Keywords:
bias; flaw; internal appeals body; lack of evidence; recommendation;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant contends that the decision to terminate his appointment was a covert disciplinary measure taken in disregard of the prescribed procedure: he alleges abuse of authority and procedural irregularity. "There is no document in the dossier which makes or even implies any charge of unsatisfactory conduct. [...] The shortcomings imputed to [the complainant] bear no taint of misconduct such as would have warranted disciplinary action."
Keywords:
hidden disciplinary measure; lack of evidence; probationary period; termination of employment;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant alleges that he received a promise from the Director of personnel [...] at the time of his appointment. There is no need to question that official, who has now retired, to establish that no such promise was made." It appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. No trace is to be found of any real promise. Had the complainant been given one, he would presumably have produced it."
Keywords:
evidence; lack of evidence; pension; pension entitlements; promise; terms of appointment; transfer of pension rights;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The withdrawal of finance by another body might be shown "as having such a crippling effect on the organization's ability to continue with the contract as to constitute reasonable grounds for its termination. But there is no material in the dossier which would enable the Tribunal to reach any conclusion about the effect of the withdrawal [...]. There is nothing [...] to connect the disapprovals with any financial situation." And there are further reasons for supposing that there may have been other factors to consider.
Keywords:
budgetary reasons; contract; grounds; judicial review; lack of evidence; offer; offer withdrawn;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There is no need to consider the complainant's allegation of bias. "The Tribunal merely observes that the [decision to terminate the complainant for abolition of post] would be tainted with abuse of authority only if there had been no objective grounds for it." In the instant case there were such grounds.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; abuse of power; bias; decision; evidence; grounds; lack of evidence; misuse of authority; termination of employment;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is true that marking may partly depend on subjective factors which have little or nothing to do with actual performance, but the complainants have not shown that they suffered on that account."
Keywords:
bias; burden of proof; discretion; judicial review; lack of evidence; rating; work appraisal;
Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Since the cases of the interveners are to be remitted to the Director-General because of the insufficiency of the evidence that is supplied with them the Tribunal can award no costs in respect of them."
Keywords:
case sent back to organisation; costs; elements; intervention; lack of evidence; local status; no award of costs; non-local status;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant had reached retirement age and his employment was not extended by the Director-General. "[I]t does not appear from the dossier that on his return to headquarters the complainant was promised any further appointment." Nor did the material letter "imply any such promise, particularly since it was not addressed to the complainant."
Keywords:
age limit; consequence; contract; evidence; headquarters; lack of evidence; offer; promise; retirement; transfer;
Judgment 235
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal sees no evidence of "a sufficiently close connection between the death and the performance of [...] duties [for the latter] to constitute [...] a cause of [...] death."
Keywords:
assignment; cause; death; duty station; field; lack of evidence;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It appears from the evidence that the "sole purpose [of the decision not to renew the complainant's contract upon his reaching retirement age] was to remove [him]." Certain irregularities could be observed in his service, but no serious inquiry was made nor any disciplinary proceedings undertaken. "[T]he decision [...] was based on mere suspicions unsupported by the slightest evidence, and is therefore tainted by misuse of authority and must be quashed."
Keywords:
abuse of power; age limit; contract; disciplinary procedure; fixed-term; inquiry; investigation; lack of evidence; misconduct; misuse of authority; non-renewal of contract; retirement;
Judgment 190
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The minutes in question "merely show the organization's wish to find some means of retaining the complainant's services after the expiry of his appointment [...] and the attempts made to that end. They contain no promise either of a further extension or of a new appointment, still less any commitment." The complainant "could not justifiably rely on the [...] assurances [...] given to him by certain officials" in respect of an extension.
Keywords:
contract; evidence; fixed-term; lack of evidence; non-renewal of contract; offer; promise;
Judgment 172
26th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was dismissed without inquiry on the basis of unsupported allegations, is entitled to "a sum in respect of the disturbance of his living conditions and family life which the [Director-General] unlawfully caused him and in respect of the moral injury which he suffered on account of the unjust charges brought against him. Considering that he obtained equivalent employment fairly soon, the injury will be fairly assessed by awarding compensation amounting to 15,000 French francs."
Keywords:
amount; contract; fixed-term; injury; inquiry; investigation; lack of evidence; material damages; moral injury; termination of employment;
Considerations
Extract:
No real inquiry was made. The allegations against complainant were improbable. "The Tribunal can only find that the facts leading to the imposition of the sanction are in no way proved and decide that the impugned decision should be quashed. There is no reason to order the complainant's reinstatement, which in any case he does not claim; his entitlement to compensation for the injury suffered by him should, however, be considered.
Keywords:
damages; evidence; injury; inquiry; investigation; lack of evidence;
Considerations
Extract:
"Th[e] charge [of attempted theft] was brought by the shop manager [...] eleven days after the incident to which it related. [The complainant] immediately denied the charges and gave a totally different and at first sight not improbable version of the incident. The Personnel Officer of the Regional Office, appointed by the Regional Director to make an inquiry, merely heard the statements of the shop manager who had brought the charges, and of three of his employees, only one of whom had apparently witnessed the alleged attempted theft."
Keywords:
burden of proof; damages; disciplinary procedure; evidence; inquiry; investigation; lack of evidence; standard of proof;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The correspondence on which the complainant relies as indicating the probability of renewal does not amount to a promise or make the renewal a matter of good faith."
Keywords:
contract; evidence; extension of contract; fixed-term; good faith; lack of evidence; non-renewal of contract; offer; promise;
Judgment 68
12th Session, 1964
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant does not supply any shred of proof of the existence of the contract of employment which he alleges was concluded verbally between him and [the organization]." The Co-ordination Committee for International Voluntary Work Camps is a non-governmental organization and is not a service of [the organization]. Neither the fact of maintaining consultative relations with the organization nor the fact of executing tasks and of submitting reports in return for a fee paid by the organization has the effect of conferring on the agents of the Committee the status of employees of the organization. The complaint is irreceivable.
Keywords:
burden of proof; competence of tribunal; contract; evidence; lack of evidence; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
Judgment 60
10th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration II 2(A)
Extract:
"The complainant does not claim nor establish that during [the material] period her duties and responsibilities justified her being graded M.5, and it must therefore be concluded that she was correctly graded. Moreover, she has not established that other officials had been regraded M.5 although they performed exactly the same duties as she did. Hence she cannot complain of discrimination."
Keywords:
equal treatment; evidence; lack of evidence; post classification;
Judgment 29
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The hearing of the witness called by the Tribunal on the request of the complainant as a result of which the complainant purported to show that there was a concerted hostile attitude of a political nature against him, has not resulted in any such proof but has only shown that certain frivolous and slanderous allegations were brought in issue, while no misuse of authority has been proved."
Keywords:
abuse of power; bias; lack of evidence; misuse of authority; oral proceedings; testimony;
Judgment 28
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"It is for the complainant to supply evidence of his allegations concerning the false and fraudulent character of these reports*; [...] in the absence of such evidence, all such allegations should be rejected."
*three unanimous reports received by the Headquarters Administration.
Keywords:
burden of proof; complainant; flaw; lack of evidence; performance report; rebuttal;
Judgment 26
6th Session, 1957
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant adduces no satisfactory evidence that she suffered any working incapacity [...]. No satisfactory evidence has been adduced to prove that the payment of the sum recommended by the Medical Commission does not fully and generously compensate the complainant for the injury sustained".
Keywords:
advisory opinion; amount; compensation; evidence; incapacity; lack of evidence; medical board;
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