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Executive head (549,-666)

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Keywords: Executive head
Total judgments found: 204

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  • Judgment 1363


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "Even if disciplinary proceedings have begun there can be no 'act adversely affecting' an employee within the meaning of Article 107 [of the Service Regulations] until the proceedings are over and there is a final decision by the competent authority. So the complainant's internal appeals were premature insofar as he lodged them before the President had taken his decision [...] on the Disciplinary Committee's report."

    Reference(s)

    Organization rules reference: ARTICLE 107 OF THE EPO SERVICE REGULATIONS

    Keywords:

    absence of final decision; advisory body; cause of action; disciplinary procedure; executive head; internal appeal; procedure; receivability of the complaint; report; staff regulations and rules;



  • Judgment 1355


    77th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law - especially Judgment 1235 [...] - the Director-General is not bound by the appointment and Promotion Committee's recommendations and in particular need not appoint the candidate the Committee has put first. In the exercise of discretion, he must ensure that his choice is not tainted with any mistake of law or fact and, to allow the tribunal to exercise its power of review, he must state the reasons for his decision."

    Reference(s)

    ILOAT Judgment(s): 1235

    Keywords:

    advisory body; advisory opinion; appointment; candidate; case law; competition; discretion; duty to substantiate decision; executive head; judicial review; limits; mistake of fact; promotion board;

    Consideration 10

    Extract:

    The Tribunal rejects his plea "that the Director-General erred in law by assuming that he was empowered to disregard the Appointment and Promotion Committee's 'decisions'. What the Committee does is advise, not decide, and the Director-General simply exercised his discretion in choosing between the candidates on its short-list. Although [...] he must exercise such discretion lawfully he is not bound by the Committee's ranking of candidates."

    Keywords:

    advisory body; advisory opinion; appointment; candidate; competition; condition; decision; discretion; executive head; promotion board;



  • Judgment 1335


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Decisions to renew or extend fixed-term appointments are at the discretion of the executive head, on the understanding, however, that he shall exercise it for the good of the organisation and in its interests."

    Keywords:

    contract; decision; discretion; executive head; extension; fixed-term; limits; organisation's interest;



  • Judgment 1332


    76th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Director-General's decision, being discretionary, is subject to limited review by the Tribunal and may be set aside for example if he obviously misconstrued the facts. But he did not."

    Keywords:

    complaint allowed; complaint allowed in part; discretion; executive head; judicial review; limits; mistake of fact;



  • Judgment 1324


    76th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    See Judgment 525, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 525

    Keywords:

    amendment to the rules; complaint allowed; decision quashed; decision-maker; discretion; disregard of essential fact; exception; executive head; formal flaw; home; home leave; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • Judgment 1292


    75th Session, 1993
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "When the Director-General asks the Swiss government to confer diplomatic status, he is exercising his discretion. [...] So the Tribunal will not interfere with his decision unless he has committed some procedural or formal error or a mistake of law or of fact, or applied some wrong principle, or drawn illogical conclusions from the evidence before him."

    Keywords:

    discretion; executive head; flaw; judicial review; mistake of fact; mistaken conclusion; privileges and immunities; procedural flaw; status of complainant;



  • Judgment 1290


    75th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    See Judgment 1184, consideration 2.

    Reference(s)

    ILOAT Judgment(s): 1184

    Keywords:

    competence; complaint allowed; complaint allowed in part; decision; decision-maker; delegated authority; executive head;

    Consideration 4

    Extract:

    "The Director-General enjoys wide discretion in the matter of renewal of a fixed-term appointment and the Tribunal will exercise only a limited power of review. It will, moreover, show special restraint when a decision not to renew rests on appraisal by the staff member's own supervisors: because of their technical qualifications and familiarity with his work and personal attributes they are, after all, best fitted to advise the Director-General."

    Reference(s)

    ILOAT Judgment(s): 1184

    Keywords:

    complaint allowed; complaint allowed in part; contract; discretion; executive head; fixed-term; judicial review; non-renewal of contract; supervisor; work appraisal;



  • Judgment 1281


    75th Session, 1993
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to the case law the grading of posts is a matter within the discretion of the executive head of an international organisation. So the Tribunal will not interfere with the decision impugned in this case unless it was taken without authority or shows some procedural or formal flaw or a mistake of fact or of law, or overlooks some material fact, or is an abuse of authority, or draws a clearly mistaken conclusion from the facts. Moreover, the Tribunal will not substitute its own assessment of the facts for the Secretary-General's."

    Keywords:

    case law; competence; decision-maker; discretion; disregard of essential fact; executive head; flaw; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; post classification; procedural flaw;



  • Judgment 1280


    75th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    Vide Judgment 1279, consideration 29.

    Reference(s)

    ILOAT Judgment(s): 1279

    Keywords:

    adjustment; complaint allowed; decision quashed; discretion; executive head; flemming principle; general service category; local status; reckoning; salary; scale;



  • Judgment 1279


    75th Session, 1993
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    The organization carried out a review of the salary scales for general-service staff on the basis of an overall survey of local employment conditions. The complainants object to the new scales. "Whether the list of local employers makes a reasonable cross- section of economic sectors and whether the fund and the world bank are too closely linked to be taken separately are matters of appreciation that must ultimately be decided by the Director in the exercise of his discretion."

    Keywords:

    adjustment; case sent back to organisation; complaint allowed; decision quashed; discretion; executive head; flemming principle; general service category; local status; reckoning; salary; scale;



  • Judgment 1251


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

    Consideration 10

    Extract:

    The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He claims payment of repatriation costs, to which he would not be entitled upon summary dismissal under Rule 109.9 (f). However, the Director-General agreed to deduct them from the sums which he allegedly owed the organization. The Tribunal holds that "since the dismissal was wrongful and the organization has failed to prove that the complainant owes it that sum, the claim succeeds."

    Reference(s)

    Organization rules reference: STAFF RULE 109.9 (F)

    Keywords:

    complaint allowed; decision; decision quashed; disciplinary measure; discretion; executive head; repatriation allowance; right; serious misconduct; summary dismissal; termination;



  • Judgment 1249


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    WHO put an end to the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The Director-General took himself to be bound by the attitude of the government of the Soviet Union. In doing so, he mistook the limits of his own discretion. As was held in Judgment 15 [...] among others, he must in exercising that discretion observe the general principles that govern the international civil service and safeguard the independence of organisation and official alike. The Director-General has committed a mistake of law."

    Reference(s)

    ILOAT Judgment(s): 15

    Keywords:

    case law; complainant; complaint allowed; complaint allowed in part; contract; decision; decision quashed; discretion; executive head; extension; fixed-term; independence; international civil servant; international civil service principles; limits; member state; nationality; non-renewal of contract; organisation; secondment;



  • Judgment 1185


    73rd Session, 1992
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    The complainant argues that the impugned decision was ultra vires. The organization says that it was at the Director-General's instructions that the leader of the personnel division notified the decision to the complainant and that as a matter of good faith any decision on personnel management should be deemed to have been taken by the competent authority. The organization argues that the leader of the personnel division enjoyed an implied delegation of authority. "Such a broad statement of principle is unsound. [...] There is no telling [...] who actually made the decision in this case. The text cites no delegation of authority to sign; the only reference to the decision is impersonal and raises no presumption whatever of such delegation."

    Keywords:

    decision; decision-maker; delegated authority; executive head; presumption;



  • Judgment 1184


    73rd Session, 1992
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    Vide Judgment 1185, considerations 2 and 3.

    Reference(s)

    ILOAT Judgment(s): 1185

    Keywords:

    decision; decision-maker; delegated authority; executive head; presumption;



  • Judgment 1131


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    In keeping with a resolution adopted by the General Conference in response to budgetary constraints UNESCO had to make staff cuts. "According to the definition of its competence in its Statute, the Tribunal will not review the policy followed by the Director-General in furtherance of the Conference's decision. It will, however, consider whether there was any flaw in the Director-General's exercise of his authority in an individual case."

    Keywords:

    abolition of post; budgetary reasons; competence of tribunal; decision; enforcement; executive head; general decision; individual decision; judicial review; legislative body;



  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant suggests that the Reports Committee which recommended against confirming her appointment following probation was biased. "The burden is on the complainant to show that the members of the Committee duly appointed by the Director General were not impartial, and she has failed to offer any evidence to suggest that they were not."

    Keywords:

    advisory body; bias; burden of proof; complainant; composition; discretion; evidence; executive head;

    Consideration 8

    Extract:

    "The Tribunal will not ordinarily question the competence and qualifications of those whom the Director General appoints in the exercise of his discretion to the Reports Committee, provided that the rules are complied with and the members' independence and impartiality are not in doubt."

    Keywords:

    advisory body; bias; competence; composition; discretion; executive head; judicial review; procedure;



  • Judgment 1038


    69th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the director-general took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."

    Keywords:

    competence; contract; discretion; executive head; fixed-term; non-renewal of contract; qualifications; work appraisal;



  • Judgment 1001


    68th Session, 1990
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the parties agreed to dispense with prior referral to the joint appeals board and to put the dispute directly to the tribunal, as rule 112.03 of unido's staff rules allows." because of that provision in the organization's rules, the requirement set out in article vii of the tribunal's statute is met.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE ILOAT STATUTE
    Organization rules reference: RULE 112.03 OF THE UNIDO STAFF RULES

    Keywords:

    acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;



  • Judgment 1000


    68th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the parties agreed to dispense with prior referral to the joint appeals committee and to put the dispute directly to the tribunal, as rule 12.02.1(b) of the agency's provisional staff rules allows." because of that provision in the agency's rules, the requirement set out in article vii of the tribunal's statute is met.

    Reference(s)

    ILOAT reference: ARTICLE VII(1) OF THE ILOAT STATUTE
    Organization rules reference: RULE 12.02.1(B) OF THE IAEA PROVISIONAL STAFF RULES

    Keywords:

    acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;



  • Judgment 975


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "the president was not bound to endorse the appeals committee's opinion. article 109(1) of the [epo] service regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. the president's duty is to consider the opinion before reaching his decision, not to follow it."

    Reference(s)

    Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS

    Keywords:

    binding character; decision; executive head; internal appeals body; organisation's duties; recommendation;

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