Failure to admit evidence (11,-666)

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Keywords: Failure to admit evidence
Total judgments found: 7

• Judgment 3988

  
  126th Session, 2018
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant has filed an application for review of Judgment 3951.

  Consideration 1

  Extract:

  What, in substance, the complainant says is that the Tribunal failed to take into account particular facts when rendering Judgment 3951. This is not an admissible ground for review [...].

  Keywords:

  failure to admit evidence;
  

  
  
  

• Judgment 2213

  
  95th Session, 2003
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  In his application for review "the complainant contends that the Tribunal failed to rule on requests for the disclosure of documents by the organization [...] A plea that the Tribunal failed to rule on claims is related to a complainant's submissions on the merits; by contrast, decisions by the Tribunal on requests for the disclosure of documents concern the administration and appraisal of evidence and cannot, in principle, give rise to review."

  Keywords:

  application for review; appraisal of evidence; disclosure of evidence; failure to admit evidence; inadmissible grounds for review; omission to rule on a claim;
  

  
  
  

• Judgment 1822

  
  86th Session, 1999
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  In Judgment 1656 "[the Tribunal] dismissed the [first] complaint as irreceivable and did not go into the merits. Since the Tribunal made no findings of fact on the merits, [the complainant's] allegations of fact on that score are not material. Nor has she shown any mistaken finding of fact that affects the issue of receivability."

  Reference(s)

  ILOAT Judgment(s): 1656
  

  Keywords:

  application for review; failure to admit evidence; inadmissible grounds for review;
  

  
  
  

• Judgment 1592

  
  82nd Session, 1997
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "[The complainant] pleads 'grave breaches' of due process in his [...] complaint. But the only one he cites is the rejection of his application for hearings. As the Tribunal has said time and again - for example in Judgment 442 [...] - failure to hear evidence is not an admissible plea for review."

  Reference(s)

  ILOAT Judgment(s): 442
  

  Keywords:

  application for review; failure to admit evidence; oral proceedings; procedural flaw;
  

  
  
  

• Judgment 1174

  
  73rd Session, 1992
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainant submits that a "new fact [...] would have become obvious had the Tribunal allowed her application for hearings since evidence from the witnesses she wanted to call would have been more telling than her own written submissions. There is nothing in her application to suggest that such evidence would have established a new fact of the kind the case law requires if review of the original judgment was to be warranted. And in any event failure to admit evidence does not afford admissible grounds for review".

  Keywords:

  application for review; failure to admit evidence; oral proceedings;
  

  
  
  

• Judgment 610

  
  53rd Session, 1984
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The Tribunal maintains that "unless there is clear evidence, which there is not in this case, of a mistaken approach to the problem," the opinion of the competent body in the organization must be accepted. "That is the ratio decidendi, and the Tribunal [...] deliberately refrained from making findings on the evidence. [...] To allow the complainant's plea would be to countenance objections to the Tribunal's reasoning, and such objections do not constitute an admissible plea."

  Reference(s)

  ILOAT Judgment(s): 446
  

  Keywords:

  application for review; failure to admit evidence;
  

  
  
  

• Judgment 442

  
  46th Session, 1981
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  By contending that the Tribunal did not order an expert medical inquiry, the complainant objects that a particular means of obtaining evidence was not used. But the failure to admit evidence is not a valid reason for review.

  Reference(s)

  ILOAT Judgment(s): 404
  

  Keywords:

  application for review; expert inquiry; failure to admit evidence; inadmissible grounds for review;
  

  Consideration 2

  Extract:

  Inadmissible grounds for review include an alleged mistake of law, an alleged mistake in appraisal of the facts, a failure to admit evidence and the omission to comment on pleas submitted by the parties.

  Reference(s)

  ILOAT Judgment(s): 404
  

  Keywords:

  application for review; appraisal of evidence; appraisal of facts; failure to admit evidence; inadmissible grounds for review; mistake of law;