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Burden of Proof 01

Burden of Proof
Article 90s

The Career Development Report (CDR) and the Burden of Proof

The labour tribunal in Cologne handed down a verdict which could help to make our CDR (Career Development Report) staff evaluation system less painful. The judges said that if the evaluator wants to impose an evaluation that is below average, s/he must bare the burden of proof. If the evaluee demands an above average performance evaluation, it is for that ambitious employee to present proof. Finally, in the third possible case, both evaluator and evaluee might agree on an average staff report. Obviously, no one needs to prove anything when there is already agreement.

In order to be in line with the requirements of the EU Charter of Fundamental Rights EU Charter of Fundamental Rights

"Article 41 Right to good administration
1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union.
2. This right includes:
(a) the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;
(b) the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;
(c) the obligation of the administration to give reasons for its decisions.
3. Every person has the right to have the Union make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States."

The CDR rules must clearly define who bares the burden of proof. If s/he does not know who must prove what to whom, the citizen will have a hard time defending rights against an administration. The Cologne rules will harmonize nicely with the CFR.

These rules will lead to fewer and fewer clashes over staff reports because both sides in the process will gravitate to the compromise of average performance. Perhaps circa the 1% of staff who are extremely ambitious will be a bit dismayed at first. But they will eventually accept that those who want to be promoted ahead of their colleagues need to give some good reasons why.

Created by: admin last modification: Thursday 07 of April, 2011 [18:06:34 UTC] by admin

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