Testimony (157,-666)

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Keywords: Testimony
Total judgments found: 30

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• Judgment 1675

  
  84th Session, 1998
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "[The Organisation] pleads that the hearing of witnesses by the Disciplinary Board need not be adversarial and that the inquiry will be if the Board hears witnesses called by both sides. the plea is mistaken. An inquiry will be adversarial only if the parties attend, or have at least been duly invited to attend, the hearing of witnesses."

  Reference(s)

  Organization rules reference: RULE NO. 12 OF THE EUROCONTROL STAFF REGULATIONS
  
  

  Keywords:

  adversarial proceedings; disciplinary procedure; inquiry; investigation; procedural flaw; right to reply; testimony;
  

  
  
  

• Judgment 1661

  
  83rd Session, 1997
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The complainant has applied for hearings to take evidence from several witnesses and from himself [...]". The Tribunal holds that there is no need for hearings or from the taking of evidence from the proposed witnesses and gives six reasons why.

  Keywords:

  appraisal of evidence; evidence; oral proceedings; refusal; right to reply; submissions; testimony;
  

  
  
  

• Judgment 1391

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Decisions taken by the organisation are subject to review on grounds such as bias, bad faith, malice and abuse of authority. When seeking to defend his interests by impugning any such decision, an employee is entitled to allege and attempt to establish such grounds. A fair decision cannot be reached upon such matters by an internal appeals body or by this Tribunal if witnesses, parties and their representatives are unable to speak candidly and without the risk of incurring a penalty for what they may say, and especially if one party is unduly inhibited by the fear that failure to prove his case my make him liable to disciplinary action by the other party."

  Keywords:

  abuse of power; bias; burden of proof; complainant; complaint; disciplinary measure; evidence; freedom of speech; internal appeal; internal appeals body; judicial review; misuse of authority; submissions; testimony; tribunal;
  

  
  
  

• Judgment 1233

  
  74th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The Tribunal disallows the complainant's application for oral proceedings and for the hearing of at least one of her witnesses. Since it has full submissions before it and the witness she most wants it to hear has already supplied evidence in writing, hearings would serve no useful purpose."

  Keywords:

  oral proceedings; refusal; testimony; tribunal;
  

  
  
  

• Judgment 361

  
  41st Session, 1978
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "In a special application annexed to the rejoinder and made under Article 14 of the Rules of court the complainant has indicated the names and descriptions of 16 witnesses whom he desires to reply in writing to the questions he has framed; he has divided these names into three categories. The Tribunal refuses the application [...] for the reasons which will appear [in paragraphs 26 and 31 of the judgment] and [...] because the questions framed are not relevant to any issue which the Tribunal has to decide."

  Reference(s)

  ILOAT reference: ARTICLE 14 OF THE RULES
  
  

  Keywords:

  refusal; testimony; tribunal;
  

  
  
  

• Judgment 133

  
  21st Session, 1969
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The complainant produced a number of resolutions demonstrating the reactions of the staff to the measures taken; "the organization asks the Tribunal to rule on the admissibility of these documents", alleging that their production would constitute intervention by the staff association. "However [...] the documents in question [are] in no way improper; they are no more capable of influencing the Tribunal's decision than any of the other evidence submitted. They must be regarded as written evidence rather than as the statement of one of the parties or its representative. There is no cause to exclude them from the dossier."

  Keywords:

  admissibility of evidence; appraisal of evidence; disclosure of evidence; oral proceedings; testimony;
  

  
  
  

• Judgment 121

  
  20th Session, 1968
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Preamble F

  Extract:

  "The Tribunal having ordered the hearing of several witnesses at complainant's duty station, their evidence was taken under oath through the good office of the Swiss embassy in [the country concerned]. The Tribunal also arranged to obtain written testimony from several other witnesses."

  Keywords:

  oath; oral proceedings; testimony;
  

  
  
  

• Judgment 115

  
  18th Session, 1967
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "At the request of [the] complainant [...], the Tribunal ordered [the witness to] be heard [...] and [the complainant's] personal file [to be disclosed]. The Tribunal considered, however, that the delivery of [the] complainant's medical file and of a document concerning events subsequent to the filing of the complaint was unnecessary for the disposition of the case."

  Keywords:

  appraisal of evidence; disclosure of evidence; oral proceedings; personal file; request by a party; subsequent fact; testimony; tribunal;
  

  
  
  

• Judgment 35

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The Tribunal considered that the hearing of the witnesses as applied for by the complainant would be pertinent in the case and [...] the testimony on oath of [Messrs. X and Y] was received in public sitting on [date]".

  Keywords:

  acceptance; oath; oral proceedings; testimony;
  

  
  
  

• Judgment 29

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

  Considerations

  Extract:

  "The hearing of the witness called by the Tribunal on the request of the complainant as a result of which the complainant purported to show that there was a concerted hostile attitude of a political nature against him, has not resulted in any such proof but has only shown that certain frivolous and slanderous allegations were brought in issue, while no misuse of authority has been proved."

  Keywords:

  abuse of power; bias; lack of evidence; misuse of authority; oral proceedings; testimony;
  

  Preamble

  Extract:

  "Having heard the parties in public hearings [...] as well as [the] Deputy Director-General, as a witness on oath [...]."

  Keywords:

  oath; oral proceedings; testimony;
  

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