Disclosure of evidence (151,-666)

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Keywords: Disclosure of evidence
Total judgments found: 185

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• Judgment 87

  
  15th Session, 1965
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The complainant's counsel, after the close of the last public hearing, submitted ten documents which had not been communicated to the agent of the organization and upon which he therefore had no opportunity to comment. In conformity with the principle that each party shall be fully heard on all the evidence admitted, these documents were excluded from the dossier on which the Tribunal took its decision."

  Keywords:

  adversarial proceedings; closure of written proceedings; disclosure of evidence; receivability of the complaint; refusal; time limit; tribunal;
  

  
  
  

• Judgment 82

  
  14th Session, 1965
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The interveners submitted a document on 2 April. On 10 April the judgment was delivered, after the public hearing of 6 April. Applications to intervene may be made at any stage; "that does not necessarily mean that interveners are entitled to invoke up to the day of the proceedings any facts, evidence and new documents. [The material document] deals solely with points of law and raises no new points. Consequently [...] the organisation, [which] learned of this legal opinion three days before the oral proceedings began, has been able usefully to discuss the arguments and the conclusions. The [adversarial] procedure has thus been [followed]".

  Reference(s)

  ILOAT Judgment(s): 61
  

  Keywords:

  adversarial proceedings; disclosure of evidence; intervention; oral proceedings; receivability of the complaint; time limit;
  

  
  
  

• Judgment 69

  
  12th Session, 1964
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The right to be heard was doubly ignored. The Regional Director terminated the appointment of the complainant without submitting to him a period evaluation report or affording him the opportunity of justifying himself. In the appeals proceedings, reports were produced the existence of which the complainant only became aware during the proceedings before the Tribunal and with regard to which he accordingly had not opportunity to state his case in time. The decision to terminate the appointment is quashed.

  Keywords:

  disclosure of evidence; flaw; probation report; procedural flaw; right to reply;
  

  
  
  

• Judgment 66

  
  11th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The production of monthly reports by the complainant, the contents of which are not disputed, would serve no useful purpose. "On the other hand, the Tribunal requested the organization to produce the general reports submitted by the complainant" and a paper prepared by two other persons. The complainant "was invited to view and identify these documents before the registrar and in the presence of the agent of the organization."

  Keywords:

  disclosure of evidence; publication; request by a party; tribunal;
  

  
  
  

• 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 existence of a secret document vitiates the equitable application of the Regulations and affects both the interests of the staff as a whole and that of justice itself. "Vide, Judgment No. 15 of the United Nations Administrative Tribunal: 'the applicant cannot be penalised because certain information is considered by the respondent as confidential and the applicant has no opportunity either of knowing that the reason is or of challenging it."

  Keywords:

  case law; confidential evidence; disclosure of evidence; flaw; judgment of the tribunal; organisation; refusal; right to reply; unat;
  

  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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