Disclosure of evidence (151,-666)
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Keywords: Disclosure of evidence
Total judgments found: 185
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Judgment 1067
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7-8, Summary
Extract:
The complainant, who holds grade P.3, challenges the Organization's refusal to regrade his post to P.4. The fact that his chief failed to complete a questionnaire about changes in his duties does not, as he alleges, constitute a flaw such as to vitiate the reclassification procedure. Nor does the administration's refusal to disclose the Classification Unit's findings amount to a denial of due process.
Keywords:
disclosure of evidence; due process; organisation's duties; post classification; procedural flaw; procedure before the tribunal; report;
Judgment 958
66th Session, 1989
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The organization asks the Tribunal to strike out an item of evidence presented by the complainant. "In view of the other evidence before it the Tribunal will discount the challenged item. Since it thereby in substance grants the organisation satisfaction without detriment to the complainant's rights, it need not rule on the application. There is enough evidence before it anyway to allow of a ruling on the merits."
Keywords:
confidential evidence; disclosure of evidence;
Judgment 933
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant seeks to have papers concerning his removal expenses returned to him. The Tribunal holds that the complainant's claim is trivial and he has failed to give evidence of injury suffered from not having the originals.
Keywords:
cause of action; complainant; disclosure of evidence; lack of injury; removal expenses; request by a party;
Judgment 925
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The scheme member has a duty to support a claim with documents that are clear enough for the administration to be able to tell what the treatment was and to apply the right rate of refund."
Keywords:
burden of proof; disclosure of evidence; evidence; health insurance; illness; insurance; medical expenses; rate; request by a party;
Judgment 923
65th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"In case of doubt it is for the staff member to show exactly what the treatment was if he is contending that the maximum limit does not apply."
Keywords:
burden of proof; disclosure of evidence; evidence; health insurance; maximum limit; medical expenses; request by a party;
Judgment 848
63rd Session, 1987
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The undisputed evidence is that the complainant was endowed at birth with Chilean nationality in accordance with the laws of his country. [...] Among the documents exhibited in the dossier are copies of the complainant's birth certificate, his Chilean identity card, a safe-conduct [...] and, finally, a Chilean passport issued to him on 28 April 1986. All this is overwhelming proof of the complainant's right to Chilean nationality."
Keywords:
disclosure of evidence; evidence; nationality;
Judgment 761
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The refusal by the EPO to return the complainant's documents for the purpose of permitting him to take steps to perfect his claim for reimbursement is unfair and the complainant is entitled to relief on the ground that he was improperly prevented from having an opportunity of submitting the appropriate documents in support of his claim."
Keywords:
disclosure of evidence; flaw; material damages; moral injury; organisation; refund; refusal; removal expenses; request by a party;
Judgment 614
53rd Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant claims to have received unequal treatment. He invites the Tribunal to order disclosure of another staff member's personnel file for comparison with his own, along with the file on the grading of his post. "The ILO objects to disclosing another official's records to the complainant but is willing to let the Tribunal see them."
Reference(s)
ILOAT Judgment(s): 564, 565
Keywords:
confidential evidence; disclosure of evidence; equal treatment; personal file; post classification; request by a party;
Judgment 610
53rd Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The plea "based on the item in the defendant's possession at the time of the original proceedings [...] is admissible. But the item must be of a kind which warrants review of the judgment". The document was drawn up after the internal proceedings to serve as the basis for a settlement. "Both the complainant and the Tribunal were aware of the offer of settlement, which was all that mattered at the time. The failure to disclose the item does not warrant any derogation from the rule that judgments are final, and the application must fail."
Keywords:
application for review; disclosure of evidence; new fact on which the party was unable to rely in the original proceedings;
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;
Summary
Extract:
During the proceedings, the organization invited the Tribunal to lift the obligation of professional secrecy to allow the Tribunal access to the complainant's medical file. The complainant declined to allow this and by order of the Tribunal, the application was rejected on the grounds that only a patient might release his physician from professional secrecy. After the exchange of briefs, the complainant expressed agreement with his medical file being made available to the Tribunal. The Tribunal disallowed the reopening of proceedings for the file to be submitted. The complainant's own attitude is responsible for no evidence of the temporary nature of his illness having been presented.
Keywords:
complainant; confidential evidence; disclosure of evidence; medical records; organisation; refusal; request by a party;
Judgment 558
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation is opposed to the disclosure of the report [on which the impugned decision is based] on the grounds that the report is an internal document not included in the items which the service regulations require to be put in a staff member's personal file. "There are two reasons why the complainant's application should succeed. First, it concerns a report which deals with the point in dispute and which has a bearing on the Tribunal's decision. Secondly, the impugned decision does not give the reasons set out in the report, even though it does not describe the report as confidential."
Keywords:
confidential evidence; disclosure of evidence; interlocutory order; order; report; request by a party;
Considerations 2-3
Extract:
"In the course of the written proceedings, the complainant applied to the President of the Tribunal for an order for the production of the report on which the impugned decision was based." Her application succeeds. "When in session the Tribunal itself will order measures of investigation, and the President has communicated the complainant's application to the Tribunal, which is holding its [...] session."
Keywords:
competence of tribunal; disclosure of evidence; interlocutory order; order; president of the tribunal; request by a party;
Judgment 557
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3(C) and 4(C)
Extract:
The complainant is seeking the disclosure of all confidential minutes exchanged between the units of the administration. The organisation "maintains that there are no secret minutes besides those which have been filed in the dossier. The Tribunal accepts this, and [the relevant claim] therefore fails."
Keywords:
cause of action; confidential evidence; disclosure of evidence; interlocutory order; no cause of action; order; request by a party;
Considerations 3(B) and 4(B)
Extract:
"The complainant must be satisfied with the conclusions of the [...] Board as set out [in] the performance appraisal form. He has no right of access to texts produced for or by the Board." As stated in the material rule, "'the proceedings of the Board shall be regarded as secret'. If that were not so the Board could not act in full independence."
Keywords:
confidential evidence; disclosure of evidence; performance report; request by a party;
Considerations 3(E) and 4(E)
Extract:
The complainant is seeking the disclosure of the appraisals of his colleagues. According to the Staff Regulations, "personal files shall be confidential. This provision is in the legitimate interests of staff members and its validity is beyond dispute. The complainant may not obtain the disclosure of the appraisal reports on his colleagues, which form part of their personal files."
Keywords:
confidential evidence; disclosure of evidence; personal file; request by a party;
Judgment 556
50th Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant is not entitled to consult any record of discussion by the Selection Board. "Members of selection boards would not feel free to discuss candidates independently in future if they were at risk of having their personal views divulged."
Keywords:
competition; confidential evidence; disclosure of evidence; interlocutory order; order; report; request by a party; selection board; selection procedure;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The internal appeals body did not respect the complainant's right to a hearing. In this case "not only has the complainant had every opportunity to state her case in these proceedings but the Tribunal will decide proprio motu the points on which the Appeals Committee heard evidence from the officials [without the parties' knowledge]. The flaw in the appeal proceedings is therefore of no consequence and is to be regarded as corrected by the present proceedings.
Keywords:
disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Consideration 1
Extract:
"A judicial body is bound to respect the right to a hearing, and it is a breach of that right to take evidence without the parties' knowledge."
Keywords:
disclosure of evidence; right to reply;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The right to a hearing includes the opportunity to take part in the deposition of evidence. "The Appeals Committee ought to have summoned the complainant and a representative of the organization to attend when the expert witness gave evidence. [...] This flaw in the internal appeal proceeding had no effect, however." The expert witness expressed views solely on the nature of the complainant's former and new posts. This is a point which has been fully elucidated in the proceedings before the Tribunal. Neither the statements of the expert witness nor the conclusions of the Committee can therefore have any effect on the Tribunal's decision.
Keywords:
adversarial proceedings; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; procedural flaw; right to reply; tribunal;
Consideration 4
Extract:
The right to a hearing means that "any official in dispute with the organization should [...] be allowed access to evidence which may serve in defending their interests and are not confidential." In this case "the complainant has not established or even suggested it likely that the files he wished to have disclosed would have supported his claims."
Keywords:
complainant; confidential evidence; disclosure of evidence; request by a party; right to reply;
Judgment 463
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The complainant did not submit a copy of his marriage certificate until one month after he was terminated. But the organization was aware of the fact that the complainant had a wife and child. The only material fact is that he is married, whatever the date on which he produced the required evidence. The application of a provision on family benefit is not relevant: the two matters are basically distinct. In the present case, the amount due should be calculated according to the rate provided for officials with dependants.
Keywords:
allowance; delay; dependant; disclosure of evidence; marital status; rate; terminal entitlements;
Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The complainant appends to her complaint excerpts from tape recordings of evidence given to the Board of [...] Appeal. The [Organization] invites the Tribunal to disregard the excerpts on the grounds that they are incomplete or else to ask the Board to produce the complete recordings. The Tribunal has no reason to disregard the excerpts. The [Organization] does not deny their accuracy and was free [...] to supplement them itself [it] may not properly object to the Tribunal's passing judgment on findings of the internal appeals body."
Keywords:
admissibility of evidence; confidential evidence; disclosure of evidence; recording;
Consideration 10
Extract:
The Tribunal dismisses the complainant's application for the removal of documents. "Any prejudice which may have been caused by such documents may be treated as made good by the present judgment."
Keywords:
confidential evidence; disclosure of evidence;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In accordance with a general principle, the findings in reports of this nature should not be disclosed and, unless they are necessary to judicial redress, the Tribunal abstains from ordering the production of them." At issue is the report of an internal inquiry into staff-management relations in connection with the termination of a probationer's contract.
Keywords:
confidential evidence; disclosure of evidence; inquiry; investigation;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1-2
Extract:
The complainant requests the disclosure of documents, copies of which he appends to his rejoinder; the organisation accuses him of procuring the copies in breach of the rules and common practice and asks that the copies be expunged. Two of the documents relate to questions of law which the Tribunal will settle proprio motu and questions of fact which the Tribunal will settle on the strength of other evidence. In the light of the written evidence and what was said at the hearings, the Tribunal will not take account of the three documents.
Keywords:
complainant; confidential evidence; disclosure of evidence; request by a party;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statutory provisions which prohibit the disclosure of evidence are not binding on the Tribunal, which is competent to decide on what evidence is admissible. The Tribunal "will decide the matter as it deems fit, with due regard to the interests of both parties - the complainant's interest in having written evidence to support his case and the interest of the organisation or of third parties in preserving the privileged nature of such evidence."
Keywords:
admissibility of evidence; competence of tribunal; confidential evidence; disclosure of evidence;
Consideration 2
Extract:
Statutory provisions prohibit officials from disclosing information not already made public or from disclosing, without permission from the Director-General, in any legal proceedings information of which they have knowledge by reason of their duties. Such permission will be refused only when the interests of the organisation so require. On the strength of these provisions the organisation requests the withdrawal of certain items. "The provisions cited [...] govern the relationship between the [organisation] and its staff [...]. They are not binding on the Tribunal since no Staff Regulations may limit the Tribunal's competence to determine whether written evidence is admissible."
Keywords:
admissibility of evidence; competence of tribunal; confidential evidence; disclosure of evidence; duty of discretion;
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