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Appraisal of evidence (147,-666)
You searched for:
Keywords: Appraisal of evidence
Total judgments found: 36
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Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Organization objects to [the] production [of certain items of evidence] on the grounds of privilege but not to the Tribunal's seeing the documents and ruling on the plea of privilege. The complainant being in agreement with that course of action, the Tribunal has ordered the Organization to disclose to it the notes and correspondence. Having read the documents disclosed, the Tribunal upholds the plea of privilege."
Keywords:
appraisal of evidence; complainant; confidential evidence; disclosure of evidence; request by a party; tribunal;
Considerations 6-7
Extract:
The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".
Keywords:
abuse of power; appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, whose contract was ended for reasons of health, refused disclosure of his medical file. "He [...] produces several certificates from doctors who have treated him. While not questioning their professional competence, the Tribunal will observe that the certificates have no value as evidence since the complainant refuses to let the who physician state his opinion. The complainant's position has destroyed the parity there should be between the parties, and the Tribunal can restore it only by discounting the medical certificate she has produced."
Keywords:
adversarial proceedings; appraisal of evidence; disclosure of evidence; evidence; health reasons; medical certificate; termination of employment; termination of employment for health reasons;
Judgment 443
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects that the Tribunal omitted to take account of one line in an item of evidence. He thus objects to the Tribunal's evaluation of evidence, which is not a plea which can afford grounds for review.
Reference(s)
ILOAT Judgment(s): 325
Keywords:
application for review; appraisal of evidence; inadmissible grounds for review;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Inadmissible grounds for review include an alleged mistake of law, an alleged mistake in appraisal of the facts, a failure to admit evidence and the omission to comment on pleas submitted by the parties.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
application for review; appraisal of evidence; appraisal of facts; failure to admit evidence; inadmissible grounds for review; mistake of law;
Judgment 317
39th Session, 1977
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The [organisation] asks the Tribunal to strike from the complainant's original memorandum a passage which it regards as libellous and irrelevant and in which the complainant alleges that one of her supervisors showed her unwanted attentions. [...] There are no grounds for striking out the complainant's allegations. Since they have a bearing on her work, they are in principle admissible. The fact that they are not proved does not mean that they may be treated as wittingly false."
Keywords:
application for quashing; appraisal of evidence; complaint; elements; organisation;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Tribunal believes that the dossier before it contains all the documents required for reaching a decision and that it is therefore needless to order production of the [requested] documents."
Keywords:
appraisal of evidence; disclosure of evidence; request by a party;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he complainant is not legally obliged, particularly in a disciplinary case, to disprove the charges against him, since it is materially impossible for him to do so, and it is for the Tribunal to judge, in the light of the evidence submitted by the two parties", whether the charges are borne out.
Keywords:
appraisal of evidence; burden of proof; disciplinary measure; disciplinary procedure; disclosure of evidence; evidence; misconduct; tribunal;
Judgment 191
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Noting the confidential nature of the documents which it ordered to be disclosed, the Tribunal "decided not to communicate them to the complainant and merely informed him of the tentative conclusions which it had drawn from them. [...] After further consideration, however, the Tribunal reached its decision without relying on these documents."
Keywords:
appraisal of evidence; confidential evidence; disclosure of evidence; request by a party; tribunal;
Judgment 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant contests the validity of his statement admitting participation in the traffic of foreign currency. The particulars of the statement are too detailed to have been invented by third parties. Even if the complainant did not himself draft the statement, he is bound by the signature to the document. He claims to have yielded to threats and improper treatment which are highly improbable and in any case not of such a kind as to force him to confess to imaginary acts of misconduct. The statement must therefore be held to be true.
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; staff member's duties;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 162, consideration 1.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
Judgment 159
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 162, consideration 1.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
Judgment 140
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"After the close of the written proceedings the complainant communicated to the Tribunal a statement [...] signed [by a third party]. In principle the Tribunal takes account of all documents produced before the opening of the session at which the relevant case is to be judged. In the case at issue, the Tribunal has no reason not to take the statement into consideration. At the most it might ask the complainant to certify its authenticity, but this is unnecessary since the document in question cannot affect the outcome of the proceedings."
Keywords:
admissibility of evidence; appraisal of evidence; closure of written proceedings; disclosure of evidence; receivability of the complaint; time limit;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant produced a number of resolutions demonstrating the reactions of the staff to the measures taken; "the organization asks the Tribunal to rule on the admissibility of these documents", alleging that their production would constitute intervention by the staff association. "However [...] the documents in question [are] in no way improper; they are no more capable of influencing the Tribunal's decision than any of the other evidence submitted. They must be regarded as written evidence rather than as the statement of one of the parties or its representative. There is no cause to exclude them from the dossier."
Keywords:
admissibility of evidence; appraisal of evidence; disclosure of evidence; oral proceedings; testimony;
Judgment 132
21st Session, 1969
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks to have the report of the legal adviser on the tense situation in a regional office, as a result of which he was transferred, disclosed in full. The report was communicated to the Tribunal with the exception of certain passages regarded as confidential. "In the circumstances of the case the Tribunal considers it unnecessary for the establishment of the fact to order that the omitted passages should be produced."
Keywords:
appraisal of evidence; complainant; confidential evidence; disclosure of evidence; request by a party; tribunal;
Judgment 125
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organization based its conclusions on letters and the contents thereof "as evidence against the complainant". The complainant is accordingly "entitled to see the letters; and it is not enough that he should be provided with extracts or summaries of such parts of the letters as the organization considers to be relevant." The organization has admitted that passages have been omitted relating to extraneous subjects or which the organization considers confidential, the reasons for any such omissions having been given. If the Tribunal decides to examine the omitted passages, "the complete letters will [...] be produced only to the Tribunal itself and will not be shown to the complainant" unless the Tribunal so decides.
Keywords:
appraisal of evidence; confidential evidence; disclosure of evidence; interlocutory order; organisation; right to reply;
Judgment 115
18th Session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"At the request of [the] complainant [...], the Tribunal ordered [the witness to] be heard [...] and [the complainant's] personal file [to be disclosed]. The Tribunal considered, however, that the delivery of [the] complainant's medical file and of a document concerning events subsequent to the filing of the complaint was unnecessary for the disposition of the case."
Keywords:
appraisal of evidence; disclosure of evidence; oral proceedings; personal file; request by a party; subsequent fact; testimony; tribunal;
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