Disclosure of evidence (151,-666)
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Keywords: Disclosure of evidence
Total judgments found: 185
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Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The complainant objects to the organisation's refusal to disclose certain documents. But she fails to indicate what bearing the allegedly withheld documents may have had on the decisions she impugns, and her plea therefore fails."
Keywords:
complainant; decision; disclosure of evidence; effect; lack of injury; request by a party;
Consideration 12
Extract:
The complainant was aware of the existence and the conclusion of the report mentioned in the minutes. She should have asked for its disclosure shortly after learning of its existence and, if necessary, appealed to the Tribunal. "Being herself to blame for being ignorant of its contents, she cannot, long after it was written, argue on the grounds of such ignorance that all the decisions affecting her are null and void. Her attitude implies that she did not wish to consult the minute. In other words she surrendered her right to give her views."
Keywords:
complainant; disclosure of evidence; request by a party; time bar;
Judgment 379
42nd Session, 1979
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant requests compensation for missing documents. The Tribunal, without deciding on the receivability of the complaint or whether the organisation was at fault, notes that the organisation "has not caused him any material or moral prejudice entitling him to compensation. In any event, therefore, the complaint must be dismissed."
Keywords:
complainant; disclosure of evidence; lack of injury; personal file; request by a party;
Judgment 330
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant seeks disclosure of "'documents in his file which may have prompted his exclusion'. [...] For want of clearer information the Tribunal supposes that the documents the complainant means are his performance reports, but since he himself signed them he must have been fully aware of their contents."
Keywords:
cause of action; complainant; disclosure of evidence; no cause of action; personal file; request by a party; vague claim;
Judgment 324
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Tribunal "cannot tell exactly what [was the nature of the computer operation] the complainant [carried out]. He has not produced any document [...] to shed light on the matter or any precise information on the nature of the charges against him. Since documents and explanations are lacking, the complainant's request for an expert inquiry should be dismissed."
Keywords:
complainant; disclosure of evidence; expert inquiry; no cause of action; refusal; request by a party; tribunal;
Judgment 303
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainants contend that they were not informed of the criteria and recommendations for promotions drawn up by the Careers Committee. The requested documents have been circulated to the staff and this grievance therefore fails. "The texts were notified after the original memoranda, but before the rejoinders had been lodged: [...] the complainants were able to refer to those texts in the course of the proceedings and so their right to a hearing has not been infringed."
Keywords:
case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 303, consideration 2.
Reference(s)
ILOAT Judgment(s): 303
Keywords:
case pending; criteria; disclosure of evidence; no cause of action; promotion board; right to reply;
Judgment 283
37th Session, 1976
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The letters which the complainant contends were not communicated to him do not constitute executive decisions which might cause him prejudice but simply interdepartmental minutes of an internal nature."
Keywords:
complainant; disclosure of evidence; lack of injury; request by a party;
Considerations
Extract:
No provision requires "that a staff member be informed of the recommendations made by the competent advisory board with regard to his claim. Those recommendations are intended solely to assist the decision-making authority. The contentious nature of the administrative proceedings is respected by notification to the staff member of the decisions taken by the administration in the light of the board's report and by allowing him to reply to those decisions and that report after studying the whole of his file."
Keywords:
adversarial proceedings; advisory body; advisory opinion; disclosure of evidence; organisation's duties; request by a party; right to reply;
Judgment 256
34th Session, 1975
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant invites the Tribunal to declare that a confidential file has been compiled relating to him; he seeks to be allowed to consult the file and have it destroyed. "These claims are receivable since the complainant has an interest in ensuring that all the documents concerning him should be put in his personal file, to which he has free access under [the applicable provision]. Also receivable are the claims [asking for] a list of the documents to which he is denied access, those claims being implicitly included in his original claims for relief."
Keywords:
application for quashing; cause of action; claim; complainant; confidential evidence; disclosure of evidence; personal file; receivability of the complaint; request by a party;
Consideration 7
Extract:
"By virtue of Article 4.12 of the Staff Regulations each staff member may freely consult his personal file. Like any public administration, however, the organisation is entitled not to put in an official's personal file some of the documents which concern him, that is keep such documents secret from him."
Reference(s)
Organization rules reference: ARTICLE 4.12 OF ILO STAFF REGULATIONS
Keywords:
confidential evidence; disclosure of evidence; duty to inform; organisation's duties; personal file;
Judgment 248
34th Session, 1975
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[A]fter her dismissal, before she appeared before the [...] Appeals Board and on appearing before the Board, [the complainant] had every opportunity to examine all the documents in her dossier and to submit her case. She thus enjoyed all the formal and procedural safeguards stipulated by the terms of her appointment and the general principles of law."
Keywords:
adversarial proceedings; disclosure of evidence; due process; right to reply; termination of employment;
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 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant "was not [...] allowed to be present during the hearing of witnesses or to participate in the examination of the evidence. Although the statements made by the witnesses were communicated to him he was not in a position, during the hearing, to rebut the charges against him, to put questions, or to ask for clarification." The right to be heard was not respected. The decision to terminate the complainant for serious misconduct is tainted by a procedural irregularity.
Keywords:
disclosure of evidence; flaw; procedural flaw; right to reply;
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 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;
Consideration 2
Extract:
The complainant objects to the organization's failure to disclose certain documents until after the internal appeals procedure was under way. "It has not been established that either of these documents in any way influenced the decision to terminate the complainant's appointment. The alleged delay in producing them did not therefore constitute a violation of his right to be heard."
Keywords:
administrative delay; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; right to reply;
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 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There is no provision in the Staff Regulations or Rules conferring on the complainant any right in respect of the documents in the organization's file concerning him. He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him. The submissions on these matters are therefore unfounded."
Keywords:
application for quashing; competence of tribunal; complainant; confidential evidence; disclosure of evidence; elements; personal file; request by a party;
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;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In transmitting to the complainant only the recommendations of the report, without the reasons stated therein, the organization ignored the official's right to be heard."
Keywords:
disclosure of evidence; grounds; internal appeals body; organisation; refusal; report; right to reply;
Consideration 4
Extract:
Applicable even when not laid out in a specific text, the right to be heard "implies that every official shall have the opportunity of consulting the documents needed to defend his legitimate interests."
Keywords:
consequence; disclosure of evidence; general principle; no provision; right to reply;
Consideration 5
Extract:
The organization transmitted to the complainant the findings of the internal appeals body, to the exclusion of its reasons. "As a result of the production of the full report during the present proceedings the complainant has been able to rely on it to submit any arguments which she considered suitable to support her claim. It follows that, while the right to be heard was ignored, at the administrative proceedings stage, this did not in fact affect the sense of the decision complained of and [...] does not involve the quashing of that decision."
Keywords:
case pending; disclosure of evidence; flaw; internal appeal; internal appeals body; lack of injury; organisation; procedural flaw; report; right to reply; tribunal;
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