Sentences with phrase «drawn against the complainant»

Throughout the proceeding, the employer requested that an adverse inference be drawn against the complainant for his failure to call his doctor or any attending physician to establish a disability.

Not exact matches

Its launch was much heralded, but its first decision — an unenforceable default judgment against the non-participating America Online, in favor of a complainant who was affiliated with the site — drew controversy, and the program subsequently became dormant.

The Court further determined the Tribunal erred when it neglected to draw an adverse inference against the complainant for not calling his doctor or any attending physician to give evidence of his alleged disability.

Importantly, the Tribunal refused to draw an adverse inference against the complainant, stating that the employer could have called the complainant's doctor if it wished to do so.