Bias (572,-666)
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Keywords: Bias
Total judgments found: 135
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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 529
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
According to the complainant, personal prejudice is evidenced by the delay. "It does not follow that because the reclassification exercise was protracted the organization was prejudiced against the complainant. Indeed the reclassification required careful fact-gathering and evaluation which was by its nature time-consuming."
Keywords:
administrative delay; bias; post classification;
Judgment 520
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal will not consider whether it is [...] open to the complainant to complain directly to the Tribunal of prejudice resulting from her staff activities. Assuming that it is open and assuming also that the complainant is right in her contention that the burden of proof is upon the organization to show that her non-selection was not due to her staff activities, that burden has been discharged. she was not selected because she was not qualified."
Keywords:
bias; candidate; competition; qualifications; staff union activity;
Judgment 495
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal does not accept that whenever a staff member is in like case the burden of proof passes to the organization. "Each case must be decided on the proper inferences to be drawn from its own facts." The first matter to be examined is the reason for the decision. "The second matter in a case such as this is the presence or absence of evidence of any particular animosity by the administration towards the complainant, and of evidence of the part, prominent or otherwise, which he played in the controversy and of any act or attitude by him calculated to excite the administration's disapproval [...]."
Keywords:
bias; burden of proof; contract; fixed-term; grounds; judicial review; non-renewal of contract; staff union activity;
Consideration 4
Extract:
"A staff member who cannot understand why he should be, as it appears to him, unfavourably treated, is naturally inclined to suspect prejudice. One of the unfortunate results of the existing disputes is to create the belief that any decision adverse to an active member of the staff association is to be explained by his staff activities."
Keywords:
bias; decision; grounds; presumption; staff union activity;
Consideration 14
Extract:
"Suspicion means that the facts from which the inferences were drawn may be susceptible of either a guilty or an innocent explanation. An innocent explanation which is credible in a single case may cease to be credible when [...] applied to a number of similar cases; by this means the doubt which defeats proof in a single case may be removed. But there must be enough evidence within the case that is being judged to create a suspicion that prejudice is at work. Where there is not the slightest evidence of prejudice within the case itself, it cannot be proved by proving prejudice in other cases."
Keywords:
bias; evidence; presumption;
Consideration 16
Extract:
"The first and greatest safeguard against the operation of prejudice lies in the procedural requirements which every set of Staff Regulations contains and whose main object is to exclude improper influences from an administrative decision, [thus] proof of prejudice is rendered unnecessary when procedural requirements have not been observed."
Keywords:
bias; evidence; staff regulations and rules;
Consideration 14
Extract:
"Prejudice is usually concealed and so its existence usually has to be established by inference. When the facts of a single case are sufficiently strong to establish an inference, there is no need to examine other cases. But they may be strong enough to create only a suspicion falling short of complete proof of the allegation; an example is the case of Q. [Judgment 447]. In such a case proof of a similar suspicion in similar cases becomes relevant."
Reference(s)
ILOAT Judgment(s): 447
Keywords:
bias; evidence; presumption of innocence;
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 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 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The impugned decision did not take account of the complainant's particular interests and was tainted with bias. The impugned decision is unlawful and the complainant is therefore entitled to compensation for moral prejudice provided that there was serious injury to her feelings. She was certainly affected by the suddenness of the decision, which she regarded as unfair punishment. moreover, her reputation very probably did suffer. Accordingly, the compensation for moral prejudice is determined ex aequo et bono.
Keywords:
bias; equity; moral injury; professional injury; staff member's interest; transfer;
Consideration 8
Extract:
Under the material provision, an official may appeal against any measure or decision tainted with personal prejudice against him; it is sufficient that he has suffered treatment which is not warranted on any objective grounds. "That is so in the present instance. Despite her age and work record the complainant was suddenly transferred to a post which did not suit her and no thought was ever given to finding a solution which would more closely match her legitimate interests. Only prejudice can account for such a lack of consideration".
Keywords:
bias; evidence; grounds; staff member's interest; transfer;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The appraisal report's bias can be inferred from the dossier as a whole. If the complainant's services in the organization could possibly be considered inexpedient, this should not be construed to mean that he is unfit for a career as an international official in some other organisation.
Keywords:
bias; fitness for international civil service; performance report; probation report; work appraisal;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(B)
Extract:
The complainant's appointment was not renewed, that decision being contrary to the organization's interests. The Tribunal awards compensation in full based on the amount he would have earned through regular contract renewal. "The complainant asks also 'that the wrongful suspension from duty should not affect his pension rights.' The Tribunal is not competent to make an order in that form, but the complainant may claim compensation for loss or diminution of pension rights as for loss of salary and emoluments."
Keywords:
bias; competence of tribunal; contract; fixed-term; injury; material damages; non-renewal of contract; pension; pension entitlements; suspension;
Consideration 2
Extract:
The reason for the decision not to renew the contract "was that the position which [the complainant] is said to have taken 'precludes all possibility of the continuation of a fruitful working relationship between yourself and the management'. This reason, on the face of it conclusive, is attacked by the complainant on the ground that the decision resulted from personal prejudice on the part of the Director or from incomplete consideration by him of the facts. These grounds [taken from the Staff Rules] fall within the Tribunal's limited power of review and are such, if they are established, as to authorise and require the Tribunal to quash the main decision not to renew."
Keywords:
bias; conduct; contract; fixed-term; judicial review; non-renewal of contract;
Consideration 12
Extract:
"The charge of misconduct is so preposterous and the Director's eagerness, before hearing the defence to the charge, to use it as a ground for dismissal is so manifest that resentment is the only explanation. Accordingly the Tribunal cannot view the letter [of dismissal] as that of a man who would be able to take a detached view of the conduct of the complainant whether in relation to a disciplinary charge or to an assessment of his future usefulness to the organization." The decision is defective as vitiated by prejudice.
Keywords:
bias; conduct; contract; fixed-term; non-renewal of contract; 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 405
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"That [the reports] were less favourable than the ones written by [a] predecessor is no proof of any prejudice against the complainant."
Keywords:
bias; different appraisals; evidence; performance report; work appraisal;
Judgment 393
43rd Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It appears from the documents in the dossier that by being improperly rejected in the selection proceedings [for a competition] the complainant suffered, on that account and because of the hostility of [a superior], moral prejudice serious and specific enough to entitle her to damages."
Keywords:
bias; competition; flaw; injury; moral injury; supervisor;
Judgment 373
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant is challenging both the decision to abolish her post rather than another comparable one and the decision to appoint someone else to the remaining post. The Board found no positive evidence of personal prejudice towards the complainant. Nor does the Tribunal. However the Board did call attention to certain aspects of the matter which in the opinion of the Tribunal require an explanation. No such explanation is contained in the dossier. "[I]n its absence the Tribunal feels bound to infer that in the taking of the decision [to transfer her] there was some error of fact or of law or that essential facts were not taken into consideration or that a clearly mistaken conclusion was drawn from the facts. Accordingly, the decision must be set aside."
Keywords:
abolition of post; bias; flaw; presumption; reassignment;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"When outstanding considerations are overlooked, it suggests that the matter is not being examined objectively; and this in turn suggests in the case of competent examiners [...] that it is prejudice rather than lack of perception that is at work." In the present case "it was not on the evidence a prejudice against the complainant but a prejudice for [someone else]."
Keywords:
bias; evidence;
Consideration 11
Extract:
The complainant alleges prejudice and failure to take full account of the facts. "Since the existence of either ground would justify the interference by the Tribunal with a discretionary decision, it is convenient to consider the case as it is presented on these two grounds. [...] Failure to take full account of the facts is the wider ground [...]."
Keywords:
bias; discretion; disregard of essential fact; judicial review; transfer;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"[I]f an unexplained decision is also apparently inexplicable, silence will provide a foundation for an inference that there must have been at work in the decision making some element, such as prejudice or a conclusion falsely drawn, which would require the Tribunal to interfere with the discretion. The Tribunal considers that an unexplained decision to remove the complainant after 12 days from an assignment that was clearly intended to last until the new appointment might well justify such an inference [...]."
Keywords:
assignment; bias; decision; duty to substantiate decision; flaw; grounds;
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 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The starting point for any criticism of [the first level supervisor's] judgment is that he is unable to explain the discrepancy between it and all the complainant's previous appraisal reports except upon the hypothesis that the latter were all wrong. This is highly unlikely. They extended over eleven years and came from seven [...] different representatives. [...] His evaluation of the complainant's work cannot be regarded as unbiased."
Keywords:
bias; different appraisals; flaw; period; supervisor; work appraisal;
Judgment 303
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
One of the complainants contends that the Careers Committee for promotions included the chief of the personnel service, the official who had determined his performance mark, and that the Committee's composition was therefore irregular. "But the fact that the chief of the personnel service should sit on such a committee is only normal. That official had a duty of impartiality both in marking the complainant's performance and in serving on the Careers Committee, and the two functions were therefore quite compatible."
Keywords:
bias; composition of the internal appeals body; promotion board; recusal; supervisor;
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;
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