Malice (713,-666)

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Keywords: Malice
Total judgments found: 3

• Judgment 4662

  
  136th Session, 2023
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the Secretary General’s decision to reject her application for voluntary departure and her claim for compensation for “legitimate resignation”.

  Consideration 18

  Extract:

  As regards the complainant’s allegation that the Organization acted maliciously, under false pretences and with the aim of taking advantage of the situation to her detriment, it is settled case law that the complainant bears the burden of proving malice and bad faith. While the complainant’s disappointment at the response received is understandable, allegations of this nature nevertheless require proof that goes beyond mere conjecture or speculation. In the absence of any evidence, this allegation must be dismissed.

  Keywords:

  bad faith; burden of proof; malice;
  

  
  
  

• Judgment 4523

  
  134th Session, 2022
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to temporarily reassign him to another post following his allegations of harassment against his supervisor, as well as administrative measures taken in relation to his performance during his temporary reassignment.

  Consideration 8

  Extract:

  It is well settled in the Tribunal’s case law that the complainant bears the burden of proving allegations of bias, prejudice and malice (see, for example, Judgments 3380, consideration 9, and 4382, consideration 11).

  Reference(s)

  ILOAT Judgment(s): 3380, 4382
  

  Keywords:

  bias; burden of proof; malice;
  

  
  
  

• Judgment 3743

  
  123rd Session, 2017
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the non-renewal of her fixed-term contract.

  Consideration 12

  Extract:

  The complainant bears the burden of proving malice, bad faith or misuse of authority (see, for example, Judgments 3543, consideration 20, and 3678, consideration 6).

  Reference(s)

  ILOAT Judgment(s): 3543, 3678
  

  Keywords:

  abuse of power; bad faith; burden of proof; malice; misuse of authority;