Executive head (549,-666)

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Keywords: Executive head
Total judgments found: 204

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• Judgment 1613

  
  82nd Session, 1997
  European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  The complainant's internal appeal was late. But EFTA itself admits to mistakes in the numbering of the provisions to which the regulations refer, "and they may well have misled the complainants." The Association set up no advisory board, though Staff Regulation 40 provided for one, and the deputy Secretary-General himself told the complainants that in the absence of a recommendation from the Advisory Board they might go to the Tribunal. "All things considered, the complaints must be declared receivable."

  Reference(s)

  Organization rules reference: EFTA STAFF REGULATION 40
  
  

  Keywords:

  acceptance; case sent back to organisation; complaint; complaint allowed; complaint allowed in part; decision quashed; direct appeal to tribunal; exception; executive head; internal appeal; internal appeals body; internal remedies exhausted; receivability of the complaint; staff regulations and rules; time limit;
  

  
  
  

• Judgment 1610

  
  82nd Session, 1997
  World Customs Organization (Customs Co-operation Council)
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "In a case of non-renewal the Tribunal will be especially cautious in reviewing any appraisal by a supervisor of the staff member's performance: the supervisor has the technical background and the knowledge of the staff member's work and personality that qualify him better than anyone else to advise the head of the Secretariat on that score. Some appraisals of the complainant's performance are not good." Others are more positive, though not unreservedly. "Though she does produce letters of commendation from several quarters, it is not for the Tribunal to choose between conflicting assessments: it is the executive authority that has discretion to do so."

  Keywords:

  contract; different appraisals; discretion; executive head; fixed-term; judicial review; limits; non-renewal of contract; qualifications; supervisor; work appraisal;
  

  
  
  

• Judgment 1595

  
  82nd Session, 1997
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "Though the qualifications stated in a notice of vacancy are not absolutely binding and the Director General may still exercise some discretion, he may not so utterly discard them as to flout the rules that ensure the proper openness and objectivity of the competition."

  Keywords:

  appointment; competition; complaint allowed; complaint allowed in part; criteria; decision quashed; discretion; executive head; flaw; limits; vacancy notice;
  

  
  
  

• Judgment 1576

  
  82nd Session, 1997
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Since the award of end-of-service promotion falls within the Director-General's discretion, the Tribunal exercises only a limited power of review: it will intervene only if there has been breach of some rule of form or procedure or a mistake of law or fact or failure to take some essential fact into account."

  Keywords:

  discretion; disregard of essential fact; executive head; formal flaw; judicial review; limits; mistake of fact; procedural flaw; promotion; separation from service;
  

  
  
  

• Judgment 1556

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "Like appointment and promotion, transfer is at the discretion of the executive head of the international organisation and subject to only limited review. The Tribunal may interfere only if the decision was taken ultra vires or shows formal or procedural flaw or mistake of fact or law, or if some material fact was overlooked, or if there was misuse of authority or an obviously wrong inference from the evidence. And the Tribunal will be especially wary in reviewing a transfer since it may not replace the employer's rating of the official with its own."

  Keywords:

  appointment; decision; discretion; executive head; judicial review; limits; promotion; transfer;
  

  
  
  

• Judgment 1543

  
  81st Session, 1996
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The Administrative Council exercised its discretion under Article 19(2) [of the EPO's Protocol on Privileges and Immunities] in declining to waive the President's immunity from jurisdiction. Such exercise of discretion is a matter outside the Tribunal's competence, affecting as it does relations between the defendant organisation and a member State. The complaint is therefore 'clearly irreceivable' and must be summarily dismissed in accordance with Article 7 of the Tribunal's Rules."

  Reference(s)

  ILOAT reference: ARTICLE 7 OF THE TRIBUNAL'S RULES
  Organization rules reference: ARTICLE 19(2) OF THE EPO PROTOCOL ON PRIVILEGES AND IMMUNITIES
  
  

  Keywords:

  competence of tribunal; complaint; discretion; executive head; iloat statute; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; request by a party; summary procedure; waiver of immunity;
  

  
  
  

• Judgment 1541

  
  81st Session, 1996
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "Refusal to answer an appeal is not obstruction: the litigant may still appeal to the Tribunal against the implied rejection. [...] Moreover, the President of the Office pleads the need to keep down the amount of internal litigation so as not to overload the administration with pointless work and expenditure. He has thereby assessed the Organisation's interests and made an exercise of discretion with which the Tribunal may not interfere in the circumstances of this case."

  Keywords:

  complaint; direct appeal to tribunal; discretion; executive head; failure to answer claim; iloat statute; implied decision; internal appeal; internal remedies exhausted; judicial review; organisation's duties; organisation's interest; procedure; right of appeal;
  

  
  
  

• Judgment 1526

  
  81st Session, 1996
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The Director-General having waived, in accordance with Staff Rule 1240.2, the complainant's obligation to go through the internal appeal procedure, she has exhausted the remedies open to her within the Organization, as Article VII(1) of the Tribunal's Statute required her to do."

  Reference(s)

  ILOAT reference: ARTICLE VII(1) OF THE TRIBUNAL'S STATUTE
  Organization rules reference: WHO STAFF RULE 1240.2
  
  

  Keywords:

  complaint; direct appeal to tribunal; exception; executive head; iloat statute; internal appeal; internal remedies exhausted; receivability of the complaint; staff regulations and rules;
  

  
  
  

• Judgment 1509

  
  81st Session, 1996
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "The Tribunal's competence is determined by the provisions of its Statute. Neither the ruling by the Joint Appeals bBoard on its own competence nor the Director-General's endorsement or acquiescence can give the Tribunal jurisdiction which its Statute does not."

  Reference(s)

  ILOAT reference: ARTICLE II ILOAT STATUTE
  
  

  Keywords:

  competence; competence of tribunal; executive head; iloat statute; internal appeals body; recommendation;
  

  
  
  

• Judgment 1500

  
  80th Session, 1996
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Advancement under Staff Regulation 3.4 "consists in rising by steps: any staff member qualifies for it who meets the conditions of seniority and 'satisfactory service'. Personal promotion means rising in grade without any change in duties and is a benefit that the Director General may bestow at discretion. He does so only in 'exceptional circumstances' to reward someone for services of a quality higher than that ordinarily expected of the holder of the post."

  Reference(s)

  Organization rules reference: WIPO STAFF REGULATION 3.4
  
  

  Keywords:

  condition; discretion; executive head; increment; personal promotion; right; staff regulations and rules;
  

  
  
  

• Judgment 1495

  
  80th Session, 1996
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "A decision determining a career path in accordance with CERN rules is analogous to a decision about grading. A long line of precedent leaves such a decision to the Director-General's discretion."

  Keywords:

  case law; discretion; executive head; judicial review; post classification; staff regulations and rules;
  

  
  
  

• Judgment 1491

  
  80th Session, 1996
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The Director-General granted the complainants leave not to appeal to the Joint Advisory Appeals Board and they have come straight to the Tribunal. Their complaints are therefore receivable."

  Keywords:

  acceptance; complaint; condition; direct appeal to tribunal; executive head; receivability of the complaint;
  

  
  
  

• Judgment 1445

  
  79th Session, 1995
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The choice of a particular sort of disciplinary action is "obviously at the Director-General's discretion and the Tribunal will not interfere unless his decision shows some fatal flaw such as [...] breach of the rule of proportionality."

  Keywords:

  disciplinary measure; discretion; executive head; judicial review; limits; proportionality;
  

  
  
  

• Judgment 1444

  
  79th Session, 1995
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Termination of an appointment is a discretionary decision which the Tribunal will set aside only on limited grounds".

  Keywords:

  contract; discretion; executive head; judicial review; non-renewal of contract; separation from service;
  

  Consideration 8

  Extract:

  Vide Judgment 1161, consideration 4.

  Reference(s)

  ILOAT Judgment(s): 1161
  

  Keywords:

  career; case law; confirmation of appointment; discretion; executive head; extension; probation; purpose; qualifications; separation from service; termination;
  

  
  
  

• Judgment 1438

  
  79th Session, 1995
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant was denied a further extension of the period in which he was entitled to claim the refund of removal expenses. The Tribunal considers that "in accordance with its case law, [it] will not substitute its own views for those of the director-general in a matter in which he has discretion."

  Keywords:

  case law; discretion; executive head; judicial review; new time limit; refund; removal expenses; time limit;
  

  
  
  

• Judgment 1437

  
  79th Session, 1995
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant was transferred against his wishes to another unit. There was nothing improper in the decision to transfer him. "The transfer was in the organization's interests" and took lawfully into account such facts as the reform of his old unit and the need for more staff in his new one.

  Keywords:

  discretion; executive head; judicial review; organisation's interest; reorganisation; transfer;
  

  
  
  

• Judgment 1422

  
  79th Session, 1995
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The Tribunal has ruled in Judgment 988 "that Regulation 4.9 allows the Secretary-General to promote someone even against the Appointment and Promotion Board's advice and is intended as a safeguard to ensure compliance with the rules on appointment and promotion. The intent is not to enable the Secretary-General to prefer a weaker candidate on compassionate or indeed any other grounds."

  Reference(s)

  Organization rules reference: ITU STAFF REGULATION 4.9
  ILOAT Judgment(s): 988
  

  Keywords:

  advisory body; advisory opinion; appointment; case law; discretion; due process; enforcement; executive head; interpretation; promotion; promotion board; safeguard; selection board; staff regulations and rules;
  

  
  
  

• Judgment 1415

  
  78th Session, 1995
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "As stated in Judgment 1354 and others delivered this day on similar cases, the tribunal has limited power of review over the Director-General's appraisal of performance for the purpose of choosing career paths."

  Reference(s)

  ILOAT Judgment(s): 1354, 1412, 1413, 1414, 1416
  

  Keywords:

  case law; discretion; executive head; grade; judicial review; qualifications;
  

  
  
  

• Judgment 1401

  
  78th Session, 1995
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  Article VII(3) of the Tribunal's Statute "cannot apply to the Appeals Committee, which does not make administrative decisions but is an advisory body, with representatives of both management and staff, which submits mere recommendations. It is the Director-General who takes the final decision on the Committee's recommendation."

  Reference(s)

  ILOAT reference: ARTICLE VII(3) OF THE STATUTE
  
  

  Keywords:

  absence of final decision; advisory body; decision; effect; executive head; iloat statute; internal appeals body; recommendation;
  

  
  
  

• Judgment 1398

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

  Consideration 8

  Extract:

  "All organisations need computer technology and there is nothing wrong with making staff who draft and write search reports and the like work with software and submit their output in a readily usable format. [...] EPO officers have wide discretion over matters of organisation and the EPO is not to be held liable for bringing conditions of work up to date. It thereby infringed none of the safeguards the staff enjoy; nor may it be deemed to have altered the job description of search examiners, which, [...] is cast in very general terms."

  Keywords:

  discretion; executive head; organisation's interest; post description; reorganisation; safeguard;
  

  Consideration 6

  Extract:

  "The President has wide discretion over the organisation of work and he is not bound to consult the advisory bodies set up under the Service Regulations before introducing new means of improving staff efficiency. In any event the impugned decision made no change in the rules on work arrangements that required such consultation under Article 38."

  Reference(s)

  Organization rules reference: ARTICLE 38 EPO SERVICE REGULATIONS
  
  

  Keywords:

  advisory body; advisory opinion; discretion; executive head; organisation's interest; reorganisation; staff regulations and rules;
  

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