Fishing expedition (940,-666)

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Keywords: Fishing expedition
Total judgments found: 22

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• Judgment 2142

  
  93rd Session, 2002
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 16-17

  Extract:

  The complainants' request for mutually agreed separation was not allowed. "They suggest that a number of staff members who were granted a mutually agreed separation should not have been entitled to benefit from the exercise [...] The complainants request that the Tribunal itself undertake a complete examination of all documents relative to the [...] selection process or, alternatively, that they themselves, or their representative, be allowed to examine the documents.
  The Tribunal will not make an order of the type sought. The documents of the [mutually agreed separation] exercise, to the extent that they apply to other staff members, are confidential and the complainants' representative enjoys no privileged position in this regard. Without some evidence to support the complainants' unfounded allegations [...] the Tribunal will not sanction, or itself undertake, a wholesale 'fishing expedition' based on nothing more than the possibility that something may turn up."

  Keywords:

  acceptance; agreed termination; appointment; competence of tribunal; complainant; confidential evidence; counsel; disclosure of evidence; fishing expedition; iloat; lack of evidence; mistake of fact; official; procedure before the tribunal; refusal; request by a party; right;
  

  
  
  

• Judgment 2097

  
  92nd Session, 2002
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 22-23

  Extract:

  [T]he complainants have asked the Tribunal to order WHO to produce a vast array of documents relating to its hiring practices generally in an apparent attempt to demonstrate that the Organization has acted illegally or unfairly in other cases. [...]
  The Tribunal will not countenance this type of "fishing expedition". It can only deal with complaints filed in accordance with its Statute and the Rules, and the materials presently before it are fully adequate to allow it to dispose of the present case; it will not embark on a general inquiry extending beyond the complaint actually before it.

  Keywords:

  disclosure of evidence; fishing expedition;
  

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