Rebuttal (289,-666)

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Keywords: Rebuttal
Total judgments found: 23

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• Judgment 232

  
  32nd Session, 1974
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  As with any appraisal by the Director-General of an official's performance, the tribunal may "interfere with the impugned decision only if it was taken without authority, is irregular in form or tainted by procedural irregularities or by illegality, or is based on incorrect facts, or if essential facts have not been taken into consideration, or, again, if conclusions which are clearly false have been drawn from the documents in the dossier, or finally, if authority has been exercised for purposes foreign to the organization's interests."

  Keywords:

  discretion; judicial review; performance report; rating; rebuttal; work appraisal;
  

  
  
  

• Judgment 182

  
  27th Session, 1971
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant complains of certain words used in a performance report: "[T]he facts as they appear in the [submissions] show that there was no act or omission by the complainant which could prompt any special directive for the future, let alone any criticism of the past."

  Keywords:

  judicial review; performance report; rebuttal;
  

  Consideration 3

  Extract:

  "The Tribunal will not normally entertain complaints about the contents of appraisal reports; it is essential to their value that the supervisor should be granted great freedom of expression and normally, if there be any errors of judgement on his part, they can be sufficiently remedied by the incorporation in the appraisal report of the staff member's point of view."

  Keywords:

  competence; discretion; judicial review; performance report; rebuttal; supervisor; work appraisal;
  

  Consideration 3

  Extract:

  "The Tribunal will not normally entertain complaints about the contents of appraisal reports [...] but in the circumstances of this case the Tribunal feels bound to conclude that the words complained of were inserted in the report under a total misconception of the situation and that justice requires that they should be expunged."

  Keywords:

  application for quashing; elements; judicial review; mistaken conclusion; performance report; rebuttal; work appraisal;
  

  
  
  

• Judgment 28

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (A)

  Extract:

  "It is for the complainant to supply evidence of his allegations concerning the false and fraudulent character of these reports*; [...] in the absence of such evidence, all such allegations should be rejected."
  *three unanimous reports received by the Headquarters Administration.

  Keywords:

  burden of proof; complainant; flaw; lack of evidence; performance report; rebuttal;
  

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