Lack of evidence (152,-666)
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Keywords: Lack of evidence
Total judgments found: 99
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Judgment 1380
78th Session, 1995
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant "did not suffer any injury which hampered her career and is therefore not entitled to any award of damages. The mere fact that a decision was initially flawed does not suffice to warrant awarding her damages for moral injury. The flaw was [later] corrected [...] to be entitled to moral damages she must show that she has suffered more severe injury than that which an improper decision ordinarily causes."
Keywords:
burden of proof; criteria; damages; decision; evidence; flaw; formal flaw; lack of evidence; lack of injury; moral injury; professional injury;
Judgment 1377
78th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant seeks review of a judgment in which the tribunal dismissed his case as time-barred. He alleges the existence of a new fact which would at the time have led the Tribunal to declare his complaint receivable. "The Tribunal rejects as incredible the evidence tendered by the complainant. Accordingly it applies the procedure provided for in Article 7 of its Rules and summarily dismisses the application as clearly devoid of merit."
Reference(s)
ILOAT reference: ARTICLE 7 OF THE RULES
Keywords:
application for review; evidence; lack of evidence; new fact on which the party was unable to rely in the original proceedings; summary procedure;
Judgment 1346
77th Session, 1994
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant was dismissed for serious misconduct. The complainant does not succeed "in his contention that Interpol's real intent was to abolish his post as system programmer and replace it with one for an operations technician. There is no evidence to bear that out. Even if the organization did mean to reform its computer service, that afforded no grounds for the complainant's disobedience let alone for supposing, as he makes out, that such abolition prompted his dismissal."
Keywords:
abolition of post; insubordination; lack of evidence; organisation's interest; staff member's duties; termination of employment;
Judgment 1340
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The onus of proof lies on the organisation to bear out its allegations and insinuations and not, as the organisation submits, on the complainant to show them to be untrue. In the absence of any proof of their accuracy, the assumption must be that they are untrue."
Keywords:
burden of proof; evidence; lack of evidence; moral injury; organisation's duties; presumption of innocence;
Judgment 1305
76th Session, 1994
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18-19
Extract:
The complainant is unable to provide any proof of the date on which he says he filed his complaint with the Tribunal. "The Tribunal observes that its Rules of Court are liberal in that for the purpose of reckoning the time limit Article 6(3) [*] takes the date of dispatch and thereby relieves the complainant of liability for any faulty transmittal after dispatch. "That makes it the more important to establish the date of dispatch beyond doubt in each case. [...] The complainant has failed to adduce any evidence of the dispatch of his complaint. [...] Although the Tribunal does not question the sincerity of the complainant [...] it cannot treat [his] assertions as if they were objective evidence: if it did so it would be affording an opportunity for fraudulent evasion of time limits."
*superseded by Article 4(2) of the Tribunal's Rules as in force since 1 May 1994
Keywords:
complaint; date; evidence; formal requirements; iloat statute; lack of evidence; receivability of the complaint; time bar; time limit;
Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The purpose of probation is [...] to determine whether the official is capable of performing satisfactorily 'assignments of a kind and degree of difficulty' that correspond to those he was recruited for." The complainant has failed to show that "the assignments she may have been given were in a different area of work or were of greater complexity and difficulty than those she was appointed to perform".
Keywords:
assignment; difference; lack of evidence; post description; probationary period; purpose;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7, Summary
Extract:
The complainant argues that his post was not abolished for reasons of financial stringency. What he alleges prompted his dismissal was a desire to get rid of him, and that led to abuse of authority. He cites as evidence of this UNESCO's extension of his appointments over a five-year span for only very short periods. The Tribunal finds no evidence of liability on UNESCO's part: the organization did its utmost to seek other employment for him.
Keywords:
abolition of post; abuse of power; budgetary reasons; lack of evidence; misuse of authority; reassignment; successive contracts; termination of employment;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 1044
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant objects to the non-renewal of her appointment. She alleges that upon recruitment she was given assurances that her fixed-term appointment would be converted into a continuing one on the date of expiry. But there is no evidence to suggest that she was given any such assurance.
Keywords:
contract; evidence; fixed-term; lack of evidence; non-renewal of contract; permanent appointment; promise;
Judgment 959
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant maintains that he is entitled to have refunded to him any tax that was levied on his ilo salary and made over to the Indonesian government. [...] The ILO explained to him that if he could satisfy it that he himself had paid tax to the government it would reimburse the sum, and indeed that offer holds good. But the complainant has never offered any evidence of such payment, and his claim must therefore fail."
Keywords:
burden of proof; complainant; evidence; lack of evidence; payment; refund; right; tax;
Judgment 956
66th Session, 1989
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The complainant has failed to show that by word or deed the organization led him to expect any extension, let alone that it made him a firm promise of one. None of the letters to him extending his appointment may be construed as a promise or commitment".
Keywords:
contract; evidence; extension of contract; lack of evidence; promise;
Judgment 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"There is no award of moral damages. Since the organization was applying a policy of staff retrenchment required by financial constraints, the non-renewal cannot be deemed to have harmed the complainant's professional reputation. Nor indeed does he offer any evidence of moral injury."
Keywords:
abolition of post; contract; evidence; fixed-term; lack of evidence; moral injury; non-renewal of contract; professional injury;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"To prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."
Keywords:
abuse of power; disciplinary measure; evidence; lack of evidence; misconduct; misuse of authority; termination of employment;
Judgment 932
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10(C)
Extract:
"If in the original medical examination by the Committee, the doctors and the complainant had failed to understand each other, that would afford grounds for impugning the opinion. [...] The burden of proof is on the complainant to satisfy the Tribunal that the findings of the medical examination (which denied him sick-leave) [...] should be set aside because of language difficulties."
Keywords:
burden of proof; complainant; flaw; lack of evidence; medical board; medical opinion; refusal; sick leave;
Judgment 892
64th Session, 1988
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant challenges the non-renewal of her contract. She alleges breach of an oral promise of automatic renewal. But she offers no proof of the allegation. "Even supposing she were right and the head of personnel had said that fixed-term appointments were automatically renewed, there would not necessarily be a binding rule but just a common practice which would neither require the Director General to employ her nor confer on her any right to renewal."
Keywords:
contract; evidence; extension of contract; fixed-term; lack of evidence; non-renewal of contract; organisation's duties; practice; promise;
Judgment 869
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(C)
Extract:
"The organization [has] failed to prove that the complainant knew or ought to have known of the change in the operation of the provision." It concerned paragraph 315.323 of the FAO Manual on withholding salary increments.
Keywords:
amendment to the rules; burden of proof; duty to inform; enforcement; lack of evidence; provision; staff regulations and rules;
Summary
Extract:
Paragraph 315.323 of the FAO Manual, under which the Director of personnel of the FAO is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the Director of external relations and general services for the World Food Programme - had been validly delegated to do so.
Reference(s)
Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL
Keywords:
competence; decision-maker; delegated authority; evidence; increment withheld; lack of evidence;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"International civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. The decisions impugned do mar the outlook, in some cases seriously. But that is not enough to establish breach of an acquired right."
Keywords:
acquired right; amendment to the rules; amount; breach; grounds; lack of evidence; official; retirement; separation from service; social benefits;
Judgment 803
61st Session, 1987
International Computing Centre (World Health Organization)
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
According to the Tribunal's case law, a contract is concluded only if both parties have shown contractual intent, all the essential terms have been agreed on and all that may remain is a formality requiring no further agreement. The Tribunal holds that in this case those conditions are not fulfilled. The complainant neither accepted the work plan put to him by the defending organisation nor proved that promises were made to him.
Keywords:
case law; condition; contract; definition; iloat; intention of parties; lack of evidence; promise;
Judgment 732
58th Session, 1986
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complaint "would succeed only if the complainant had suffered injury and established a sufficient causal link between the organization's act and the injury. The conditions are not fulfilled. First, the injury to the complainant's credit is not proven. [...] Secondly, there is no sufficient causal link between the organization's act and the alleged injury."
Keywords:
cause; injury; lack of evidence; material injury; moral injury; organisation;
Judgment 723
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal applies the general rule on the burden of proof which requires the sender to establish the date on which a communication was received. as the organization has no evidence of the actual date of receipt of the decision, the Tribunal will accept what is said by the complainant. The complaint is therefore not time-barred.
Keywords:
burden of proof; complaint; date of notification; decision; evidence; lack of evidence; receivability of the complaint; time bar;
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