Bias (572,-666)
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Keywords: Bias
Total judgments found: 135
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Judgment 268
36th Session, 1976
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's appointment was not renewed on the grounds of unsatisfactory performance and poor relations with her supervisor. Her previous supervisors had been consistently satisfied and the record contains no serious criticisms. "[T]he regional administration failed in particular to carry out a thorough and impartial inquiry, which would have been possible shortly after the incidents in question, and merely endorsed the report made by [the supervisor], whose impartiality was in dispute. [...] The decision [...] was not based on the interests of the Office"; the Tribunal will set it aside.
Keywords:
bias; contract; different appraisals; fixed-term; inquiry; investigation; non-renewal of contract; organisation's interest; performance report; supervisor; unsatisfactory service; working relations;
Judgment 254
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[W]hether the superior is in error or not, there is nothing in the dossier to show that the criticism does not express his honest opinion. For the Tribunal to interfere in the case of an appraisal report what must be shown is not a preconceived opinion in the mind of the maker of the report but a wrongful motivation."
Keywords:
bias; condition; consequence; injury; performance report; unsatisfactory service;
Judgment 226
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although the dossier as supplemented by the report on the inquiry reveals obvious animosity towards the complainant on the part of her immediate supervisor and the criticisms of her appear fairly mild, especially since she was a beginner, and cast no doubt whatever on her professional competence, it does not appear from the dossier that the impugned decision with regard to a probationer was tainted with any of the irregularities which entitle the Tribunal to interfere."
Reference(s)
ILOAT Judgment(s): 194
Keywords:
bias; flaw; judicial review; probationary period; satisfactory service; supervisor;
Judgment 212
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A policy of discrimination is blame worthy and objectionable only if it aims at the exclusion of certain persons as a matter of principle on account of their nationality, race or opinions. It is normal and even desirable if it is based on the professional qualifications and merits of the persons concerned."
Keywords:
bias; criteria; equal treatment; nationality; qualifications; work appraisal;
Judgment 195
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appointment was not renewed because the government concerned did not favour his return to the regional office. There is evidence of strong and unjustifiable prejudice against the complainant. The organization failed in its duty to bring to the attention of the government concerned all relevant matters of the case. The complainant is awarded an indemnity of US $20,000 for moral and material damage.
Keywords:
bias; contract; damages; fixed-term; material injury; moral injury; non-renewal of contract; persona non grata;
Consideration 5
Extract:
In the instant case "the moral damage consists of the injury done to [the complainant's] reputation and which flows from the unjustifiable prejudice" of a senior official.
Keywords:
bias; moral injury;
Judgment 188
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant maintains that she "suffered from the prejudice of one of her supervisors [...] The Appeals Board dismissed the charge of prejudice, however, and the Advisory Board recommended upholding the performance reports complained of. In these circumstances there are no grounds for holding that the Director-General's decision taken in the light of the reports in question was based on incorrect facts."
Keywords:
bias; performance report; rating; supervisor; unsatisfactory service; work appraisal;
Judgment 183
27th Session, 1971
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is not established that the assessments in the performance report of the complainant's attitude to her work were influenced by the fact that she had prolonged absences on sick leave. It was on the basis of these assessments, and not because of the sick leave, which he expressly disregarded, that the Secretary-General took his decision. There are no grounds on which the Tribunal can interfere with it."
Keywords:
bias; increment withheld; salary; sick leave; step; work appraisal;
Judgment 179
27th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Because of its purpose, which is to protect the individual against arbitrary action, [the rule on withdrawal] applies in international organisations even in [the absence] of any specific text."
Keywords:
bias; enforcement; no provision; recusal;
Consideration 1
Extract:
"[F]ailing any explicit provision in the regulations and rules, the officials [who may take or influence the decision] are bound to withdraw if they have already expressed their views on the issue in such a way as to cast doubt on their impartiality or if for other reasons they may be open to suspicion of partiality."
Keywords:
bias; condition; recusal;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There is no evidence to indicate that the officials by whom the complainant alleges that he was victimised acted in a spirit of animosity or in order to protect their own interests. On the contrary, the fact that the investigation was carried out by several officials excludes any suspicion of bias."
Keywords:
bias; inquiry; investigation;
Judgment 149
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."
Keywords:
bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;
Judgment 140
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's services were terminated at the end of the probationary period. He alleges that the Director-General based his decision on information received directly or indirectly from his superior, whom he accuses of bias. "Consequently the question at issue is whether the Director-General misinterpreted the facts or drew false conclusions from them."
Keywords:
bias; mistaken conclusion; probationary period; supervisor; termination of employment;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The technical adviser to the national authorities expressed views concerning the complainant which were, to say the least, lacking in impartiality; he implicitly recognised that he induced the national authorities, without good reason, to take steps which led to the complainant's dismissal before the termination of his contract. The organization did not take account of this essential fact, but it cannot be blamed for not being aware of these circumstances. The complainant is entitled to compensation.
Keywords:
abolition of post; bias; consultation; contract; disregard of essential fact; fixed-term; material damages; member state; termination of employment;
Judgment 107
17th Session, 1967
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(C)
Extract:
"When making their decision the three experts were not aware of the names of the respective candidates, the papers having been placed in plain envelopes marked only with a letter of the alphabet. This ensured the impartiality of the experts. While it is true that complainant's chief, who was allegedly prejudiced against him, was a member of the Board of Experts, he expressed views which, although independent of those of his colleagues, did not differ from them. Consequently his presence cannot be said to have brought personal influence to bear on the results of the competition [...]. There is no reason to question the impartiality with which the results were evaluated."
Keywords:
bias; competition; composition of the internal appeals body; recusal; selection board;
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 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The organization refused to disclose a document which directly concerned the complainant. "In consequence, it is the duty of the Tribunal to consider as established the fact that the decision [to dismiss the complainant] is not really based on the grounds of unsatisfactory service but on personal considerations extraneous to such grounds [...]. It therefore constitutes an act of misuse of power and must be rescinded."
Keywords:
abuse of power; bias; disclosure of evidence; grounds; misuse of authority; organisation; presumption; probationary period; refusal; termination of employment;
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