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Benefit of doubt (185,-666)
You searched for:
Keywords: Benefit of doubt
Total judgments found: 10
Judgment 4745
137th Session, 2024
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discharge him after due notice.
Consideration 10
Extract:
The Tribunal […] adds that, according to its well-settled case law regarding the standard of proof in cases of misconduct, the burden of proof rests on an organization, which has to prove allegations of misconduct beyond reasonable doubt before a disciplinary sanction can be imposed (see, for example, Judgments 4697, consideration 22, 4491, consideration 19, 4461, consideration 6, 4364, consideration 10, and the case law cited therein). In the present case, the Tribunal is satisfied that it was open to the Organization to find, on the evidence, that the complainant’s misconduct was proved beyond reasonable doubt.
Reference(s)
ILOAT Judgment(s): 4364, 4461, 4491, 4697
Keywords:
benefit of doubt; burden of proof; disciplinary measure; disciplinary procedure; judicial review; presumption of innocence;
Judgment 4697
136th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director General’s decision to impose on him the disciplinary sanction of downgrading.
Consideration 22
Extract:
In Judgment 4491, consideration 19, the Tribunal recalled that “[a] staff member accused of wrongdoing is presumed to be innocent and is to be given the benefit of the doubt”. Similarly, in Judgment 3969, consideration 16, the Tribunal reiterated that, when the executive head of an organisation seeks to motivate his conclusions and decision for departing from the conclusions of a Disciplinary Committee, she or he must establish beyond a reasonable doubt the conduct or behaviour of which a complainant is accused. Lastly, in Judgment 4047, consideration 6, the Tribunal recalled that it is equally well settled that the “Tribunal will not engage in a determination as to whether the burden of proof has been met, instead, the Tribunal will review the evidence to determine whether a finding of guilt beyond a reasonable doubt could properly have been made by the primary trier of fact”.
In the present case, the Tribunal considers it entirely apparent, as was also noted in the unanimous opinions of the Disciplinary Board and the Joint Committee for Disputes, that the Administration could not have found the complainant to be guilty beyond reasonable doubt of the alleged breaches of the provisions of the Staff Regulations relied on.
Reference(s)
ILOAT Judgment(s): 4047, 4491
Keywords:
benefit of doubt; burden of proof; disciplinary measure; disciplinary procedure; judicial review; presumption of innocence;
Judgment 4491
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss her with immediate effect for serious misconduct.
Consideration 19
Extract:
The case law of the Tribunal in a situation such as the present is clear. A staff member accused of wrongdoing is presumed to be innocent and is to be given the benefit of the doubt (see, for example, Judgment 2913, consideration 9). The burden of proof of allegations of misconduct falls on the organisation and it must be proved beyond reasonable doubt (see, for example, Judgment 4364, consideration 10). In reviewing a decision to sanction a staff member for misconduct, the Tribunal will not ordinarily engage in the determination of whether the burden of proof has been met but rather will assess whether a finding of guilt beyond reasonable doubt could properly have been made (see, for example, Judgment 4362, considerations 7 to 10).
Reference(s)
ILOAT Judgment(s): 2913, 4362, 4364
Keywords:
benefit of doubt; beyond reasonable doubt; disciplinary measure; presumption of innocence; role of the tribunal; standard of proof;
Judgment 2913
109th Session, 2010
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[I]n the event of disciplinary measures, the staff member concerned enjoys a presumption of innocence and [...], in accordance with the principle in dubio pro reo, he or she must be given the benefit of the doubt (see in particular Judgment 2351, under 7(b)). The burden of proof lies with the Organization which intends to take disciplinary action against a staff member."
Reference(s)
ILOAT Judgment(s): 2351
Keywords:
benefit of doubt; burden of proof; disciplinary measure; general principle; in dubio pro reo; organisation's duties; presumption of innocence;
Judgment 2879
108th Session, 2010
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant was charged with misconduct in relation to the publication of an article which reflected badly on WIPO, WIPO's Director General and her former supervisors. Disciplinary sanctions were imposed on her, including relegation and a ban on promotion for a consecutive period of three years. She challenged the imposition of sanctions, denying any responsibility for the publication of the article and arguing that they were tailored to specifically delay her promotion, which the Tribunal had ordered in Judgment 2706. The Tribunal found that the evidence fell far short of establishing the complainant's responsibility.
"The determinative issue in this complaint centres on the finding that the complainant was responsible for the publication of the article. It is well established that the individual accused of wrongdoing is presumed to be innocent. It is equally well established that the accuser bears the burden of proof. WIPO does not deny that it bears the burden of proof but submits that the standard of proof is "precise and concurring presumptions". The Tribunal does not accept this submission. In Judgment 2786, under 9, it held that in the case of misconduct the standard of proof is beyond a reasonable doubt."
Reference(s)
ILOAT Judgment(s): 2786
Keywords:
benefit of doubt; bias; burden of proof; evidence; liability; misconduct; presumption of innocence;
Judgment 2849
107th Session, 2009
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
The complainant was dismissed for misconduct.
"It is well established in the Tribunal's case law that where misconduct is denied, the onus is on the Administration to prove the misconduct beyond a reasonable doubt. Further, staff members are to be given the benefit of the doubt (see Judgment 2786, under 9)."
"Although the complainant argues otherwise, the evidence gathered [...] clearly establishes misconduct beyond reasonable doubt."
Reference(s)
ILOAT Judgment(s): 2786
Keywords:
benefit of doubt; burden of proof; general principle; misconduct; organisation's duties; staff member's duties; termination of employment;
Judgment 2786
106th Session, 2009
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"It is to be noted that, in cases of dismissal, the staff member must be given the benefit of the doubt (see Judgment 635, under 10). Further, when misconduct is denied, it is for the Administration to prove it and to prove it beyond reasonable doubt (see Judgment 969, under 16)."
Reference(s)
ILOAT Judgment(s): 635, 969
Keywords:
benefit of doubt; burden of proof; misconduct; official; organisation's duties; termination of employment;
Judgment 2290
96th Session, 2004
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"In case of doubt [on the meaning which may reasonably be given to the clause of a contract], it is accepted that, in accordance with the principle of good faith, ambiguous clauses should be interpreted to the detriment of the party which drafted the contract."
Keywords:
benefit of doubt; contract; good faith; interpretation; law of contract; provision; written rule;
Judgment 2009
90th Session, 2001
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant was suspended without pay for three months after being accused of making a false declaration and submitting false information to a court of law. The Joint Disciplinary Board found that there was sufficient evidence to prove his wrongdoing. "The Tribunal is satisfied that the Joint Disciplinary Board was entitled, having weighed the evidence, to draw the conclusions it did. It found that the complainant's explanations were not credible and rejected them. Where doubt does not exist, the question of the benefit of the doubt does not arise. So the complainant cannot succeed on the plea that his employer was bound to accept that he had made a mistake. The Board was fully justified in its findings."
Keywords:
appraisal of evidence; benefit of doubt; conduct; disciplinary measure; disciplinary procedure; evidence; fitness for international civil service; general principle; misconduct; misrepresentation;
Judgment 635
54th Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The organization accuses the complainant of gross breach of her duty of discretion. The Tribunal finds that the decision to dismiss her was based on facts which were not sufficiently established. "Dismissal is too drastic a measure for the staff member not to have the benefit of the doubt. The decision being quashed, the complainant is entitled to straightforward reinstatement since the Tribunal sees no reason to award her damages in lieu. Since she seeks damages only if not reinstated the Tribunal need not rule on this claim."
Keywords:
benefit of doubt; disciplinary measure; misconduct; proportionality; reinstatement; serious misconduct; termination of employment;
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