ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Executive head (549,-666)

You searched for:
Keywords: Executive head
Total judgments found: 204

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >



  • Judgment 963


    66th Session, 1989
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainants challenge eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. though the director general's decisions are the only ones the tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [permanent] commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."

    Keywords:

    decision; education expenses; enforcement; executive head; international civil service principles; judicial review; legislative body; non-retroactivity; reduction; refund; salary;



  • Judgment 940


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "though there are rules, promotion is in essence at the president's discretion."

    Keywords:

    discretion; executive head; promotion;



  • Judgment 892


    64th Session, 1988
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "since the assessments of her varied the director general was free, in exercising his discretion in the office's interest, to take account only of the factors that he thought ruled out renewal."

    Keywords:

    contract; different appraisals; discretion; executive head; fixed-term; non-renewal of contract; unsatisfactory service; work appraisal;



  • Judgment 856


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "all that unesco's rules say on the matter is that the holder of an indeterminate appointment, like the complainant, may resign by giving three months' notice and that the director-general may, at his discretion, accept resignation at shorter notice."

    Keywords:

    discretion; executive head; notice; resignation;



  • Judgment 831


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "whether or not the decision [of the international civil service commission] is put into the staff regulations is immaterial: be that as it may it is binding on the director-general only if lawful."

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;



  • Judgment 830


    62nd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    see judgment 831, consideration 18.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;



  • Judgment 829


    62nd Session, 1987
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    vide judgment 831, consideration 18.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;



  • Judgment 827


    62nd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    see judgment 831, consideration 18.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;



  • Judgment 826


    62nd Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    see judgment 831, consideration 18.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;



  • Judgment 825


    62nd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    see judgment 831, consideration 18.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "the director-general omitted to consult the executive board of unesco before taking his decision, though article 54 of the board's rules of procedure reads: 'the director-general shall consult the members of the executive board with regard to the appointment or renewal of a contract of officials at d.1 and above whose posts come under the regular budget of the organization.'" the decision to appoint the complainant to an unclassified post is therefore tainted with a fatal flaw.

    Reference(s)

    Organization rules reference: ARTICLE 54 OF THE RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF UNESCO

    Keywords:

    appointment; assignment; breach; complaint allowed; complaint allowed in part; consultation; executive body; executive head; extension; flaw; organisation's duties; professional category; written rule;

    Consideration 20

    Extract:

    "the director-general's authority is not absolute and quite plainly he failed in this case to pay due regard to the complainant's qualifications and experience in picking p.5 posts."

    Keywords:

    assignment; complaint allowed; complaint allowed in part; degree; discretion; disregard of essential fact; executive head; grade; limits; professional experience; qualifications;



  • Judgment 740


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "the council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the president insofar as they do not allow him discretionary authority."

    Keywords:

    administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;



  • Judgment 739


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "the council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the president insofar as they do not allow him discretionary authority."

    Keywords:

    administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;



  • Judgment 630


    54th Session, 1984
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the complainant argues that the unfair treatment lies in her being kept idle for so long. accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the director-general, and then to the tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."

    Keywords:

    compensation; complaint; complaint allowed; complaint allowed in part; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;



  • Judgment 598


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "where the guidelines properly modify the requirements of the service regulations they confer on the president an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] the wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] they set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the president's discretionary authority, the tribunal will review the application of the rules the council has laid down."

    Keywords:

    administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;



  • Judgment 597


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    vide judgment 598, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 598

    Keywords:

    administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;



  • Judgment 585


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the applicable staff rule says that it is the administrative council which may decide to reclassify a post on a proposal by the president. as the president saw no reason for regrading the complainant, he had no proposal to put to the council.

    Keywords:

    competence; executive body; executive head; post classification; proposal;



  • Judgment 580


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The [Organisation] contends that the complainant has no cause of action. [It pleads] that the impugned decision does him no injury. It is clear, however, that in the circumstances the complainant has an interest, of a kind which the Tribunal will protect, in pleading any irregularity there may have been in the [...] candidacy" to the post of Director-General [the complainant was deprived of an opportunity to stand; if he had been able to stand, his chances of being elected would have been diminished with the candidacy in question].

    Keywords:

    candidate; cause of action; executive head; injury;

    Consideration 3

    Extract:

    The complainant pleads against the admissibility of the candidacy on the grounds that the age-limit was not observed. "This plea is not a matter of policy and it is one which the Tribunal will entertain in exercise of its power of review. For that reason it need not determine whether, being a so-called 'policy' decision, the actual choice of a candidate is a matter outside its competence."

    Keywords:

    age limit; candidate; competence of tribunal; executive head; judicial review;

    Consideration 8

    Extract:

    The complainant, an international civil servant, challenged a candidacy to the post of Director-General. The Organisation pleads that "if the complainant had a cause of action, he would have an unfair advantage over candidates who, not being members of the ILO staff, do not have access to the tribunal. But the alleged breach of equality is a corollary of the provision in the Statute which determines the conditions of access to the Tribunal, and the Tribunal may not review the lawfulness of that provision. The plea fails."

    Keywords:

    candidate; cause of action; competence of tribunal; equal treatment; executive head; locus standi; ratione personae;



  • Judgment 571


    51st Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "it is not for the tribunal to interpret the text of the guideline. the [staff] regulation leaves it to the discretion of the president to determine the number of years [of professional experience] so long as he has regard to the guideline. [...] he is entitled to have regard to the fact that the interpretation [put on it], whether right or wrong, has been applied consistently since the first staff were recruited and it cannot now be changed without causing injustice."

    Keywords:

    administrative instruction; competence; competence of tribunal; discretion; executive head; interpretation; practice; professional experience;



  • Judgment 565


    51st Session, 1983
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5 (A)

    Extract:

    according to staff regulations, decisions taken by the director-general himself are not subject to the complaint procedure. "the performance report referred to in [the complainant's claim] was approved by the director-general and so he accepted responsibility for it. the complainant was therefore entitled to take the view that he need not address a complaint to the director-general before submitting [his claim] to the tribunal. [...] article vii(1) of the statute constitutes no bar to a complainant who [...] rightly concluded that he was not required to follow one of the internal appeal procedures."

    Reference(s)

    ILOAT reference: ARTICLE VII PARAGRAPH 1 OF THE ILOAT STATUTE

    Keywords:

    decision; direct appeal to tribunal; exception; executive head; internal appeal; internal remedies exhausted; performance report; receivability of the complaint;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >


 
Last updated: 19.09.2019 ^ top