Presumption (915,-666)

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Keywords: Presumption
Total judgments found: 12

• Judgment 2762

  
  105th Session, 2008
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 26-27

  Extract:

  The complainant challenges the EPO's decision to recruit the spouse of the former President of the Office. "The Organisation is correct in stating that the Service Regulations do not preclude the recruitment of the spouses of staff members. Nor does there appear to be any regulatory bar to the recruitment of the spouses, friends, or close associates of the highest ranking officials in the Organisation. Whether this type of recruitment ought to be permitted is not for the Tribunal to decide but is a question of policy for each organisation to answer.
  However, where an organisation permits such recruitment, then it is imperative that special procedures be put in place to ensure the integrity and transparency of the selection process. Where such procedures have not been put in place, the presumptions of regularity and bona fides will not apply. In the absence of the operation of these presumptions, it will take very little to establish improper motive or bad faith."

  Keywords:

  appointment; competence of tribunal; competition; executive head; family relationship; good faith; motivation; presumption; procedure before the tribunal; selection procedure;
  

  
  
  

• Judgment 1851

  
  87th Session, 1999
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The organization rejected the complainant's application for a temporary job covering the duties he had performed until then under short-term contracts. The defendant contends that the decision was based on its practice which established an age limit. "It is a well-established principle that the existence of written law does not need to be proved: the presumption juris et de jure assumes cognisance of written law. However, non-written rules have to be proved by those who invoke them. In the material case, the Tribunal has not found the slightest proof of the alleged practice. It cannot decide on a rule whose existence has not been proven. The absence of proof as to the existence of the rule invoked by the union means that its decision has no legal basis."

  Keywords:

  burden of proof; duty to be informed; duty to know the rules; ignorance of the rules; practice; presumption; written rule;
  

  
  
  

• Judgment 1534

  
  81st Session, 1996
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  There is a general principle of law that for a claim to damages to succeed "the claimant must provide evidence of (i) an unlawful act, (ii) actual injury and (iii) a causal link between act and injury. [...] Injury is not to be presumed: mere mention of 'worries', 'psychological stress' and 'deprivation of rights' will not do."

  Keywords:

  cause; compensation; complaint; condition; definition; evidence; general principle; injury; presumption;
  

  
  
  

• Judgment 1342

  
  77th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  There is evidence that the reasons the WHO gave for not extending his appointment were mistaken. "The refusal to extend the complainant's contract on patently untenable grounds makes it 'more probable than not' that the decision was actuated by personal prejudice against him. It therefore cannot stand."

  Keywords:

  bias; contract; moral injury; non-renewal of contract; presumption; separation from service;
  

  
  
  

• Judgment 1185

  
  73rd Session, 1992
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 2-3

  Extract:

  The complainant argues that the impugned decision was ultra vires. The organization says that it was at the Director-General's instructions that the leader of the personnel division notified the decision to the complainant and that as a matter of good faith any decision on personnel management should be deemed to have been taken by the competent authority. The organization argues that the leader of the personnel division enjoyed an implied delegation of authority. "Such a broad statement of principle is unsound. [...] There is no telling [...] who actually made the decision in this case. The text cites no delegation of authority to sign; the only reference to the decision is impersonal and raises no presumption whatever of such delegation."

  Keywords:

  decision; decision-maker; delegated authority; executive head; presumption;
  

  
  
  

• Judgment 1184

  
  73rd Session, 1992
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 2-3

  Extract:

  Vide Judgment 1185, considerations 2 and 3.

  Reference(s)

  ILOAT Judgment(s): 1185
  

  Keywords:

  decision; decision-maker; delegated authority; executive head; presumption;
  

  
  
  

• Judgment 495

  
  48th Session, 1982
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "If in the case of an active staff member no reason (*) is given, an inference could be drawn that his activities had been improperly taken into account."
  (*) in the present case, for non-renewal

  Keywords:

  contract; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; presumption; 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;
  

  
  
  

• Judgment 427

  
  45th Session, 1980
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "Prima facie it was in the interests of the organization that the complainant's contract should be renewed. [...] It would not be in the interests of the organization [...] that staff members who are free to run for the office of director should not also feel free to do so without fear of suffering adverse consequences. [...] It would be impossible on any objective assessment of the situation to justify as in the interests of the organization a decision to pay the complainant for six months for doing nothing rather than to give him the opportunity of making good his promise [to co-operate]. [...] The Tribunal considers that on the evidence the high probability is that the complainant would have given useful and loyal service to the organization for the rest of his career."

  Keywords:

  contract; fixed-term; non-renewal of contract; organisation's interest; presumption; special leave;
  

  
  
  

• Judgment 392

  
  43rd Session, 1980
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Abandonment implies the physical failure to perform a contractual duty and the intention to abandon future performance. The applicable provision allows the intention to be assumed from the fact of absence without reasonable explanation for fifteen days. "The explanation has not got to be one that exonerates the staff member from breach of contract or from other disciplinary measures, but it has to be one which negatives the intention to abandon."

  Keywords:

  abandonment of post; definition; presumption; unauthorised absence;
  

  
  
  

• 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 26

  
  6th Session, 1957
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The accident occurred in the course of employment and must consequently be deemed to have arisen out of employment [and] reasonable compensation must therefore be paid to the complainant".

  Keywords:

  compensation; consequence; definition; presumption; professional accident; right; service-incurred;
  

  
  
  

• 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;