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Executive head (549,-666)

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Keywords: Executive head
Total judgments found: 204

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  • Judgment 537


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the executive board adopted the french version of [who staff rule] 1030.3.4, and the executive board alone could amend it. instead it was the director-general who decided to alter the french text, and the fact that he did is immaterial since according to rule 020 the director-general's authority is limited to making proposals for amendment. [...] accordingly, his so-called 'correction' is in itself null and void. either he discovers an error, and the original text must be applied; or else he alters the adopted text without being competent to do so."

    Reference(s)

    Organization rules reference: ARTICLES 020 AND 1030.3.4 OF WHO STAFF RULES

    Keywords:

    amendment to the rules; competence; decision-maker; executive body; executive head; proposal; provision; staff regulations and rules;



  • Judgment 486


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    a statement by the director of a practice which he intends to follow can under certain conditions establish a contractual obligation arising out of the relationship created by the appointment. such statements often relate to the way in which the director intends to administer a staff rule and thus clarify and amplify it. "but just as a staff rule must not conflict with the staff regulation under which it is made, so a statement of practice must not conflict with the rule which it is elaborating."

    Keywords:

    binding character; enforcement; executive head; practice; precedence of rules; provision; staff regulations and rules;



  • Judgment 479


    47th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    while the complainant's degree of invalidity was assessed by doctors at 80 per cent, he in fact suffered the total loss of his earning capacity. "it is for the director-general [...] as provided [under the rules] to assess the degree [of invalidity] on the basis of the medical evidence and as applied to the complainant's normal occupation. the tribunal considers that the only conclusion on the facts of this case is that the complainant was totally unable to carry on his normal occupation or any equivalent occupation. accordingly the degree of incapacity should be assessed at 100 per cent."

    Keywords:

    discretion; executive head; incapacity; invalidity; medical records; rate;



  • Judgment 458


    46th Session, 1981
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 4

    Extract:

    the complainant sought the director-general's approval, required under the material provisions, for him to to appeal directly to the tribunal. having received no reply within the time limit he had given, the complainant considered that the organization's silence was to be taken as consent. but the director-general was not bound to answer the complainant by the deadline he had arbitrarily set. furthermore, he did not ask for the director-general's agreement until after the expiry of the time limit for addressing an appeal: he should therefore have expected a refusal. the complaint is clearly irreceivable.

    Keywords:

    acceptance; direct appeal to tribunal; executive head; failure to answer claim; presumption; provision; request by a party; staff regulations and rules; time limit;



  • Judgment 457


    46th Session, 1981
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainants failed to get a promotion and addressed an appeal within the applicable time limits to the director. he failed to take a decision on the matter within the sixty-day time, relying on the major criteria for compiling lists of officials for promotion. the final decision fell within the discretionary authority of the director, who was free to endorse the recommendations of the promotion committee, although he was not bound to. there were no grounds for finding an abuse of discretionary authority. complaint dismissed.

    Keywords:

    advisory opinion; binding character; discretion; executive head; promotion; promotion board; proposal;



  • Judgment 427


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the question of the candidacy of a staff member for the office of director of the organization must be resolved by the staff regulations. "they might forbid staff members from standing as candidates or restrict their activities if they do stand. but, in the absence of an express regulation, a staff member is entitled to think that he is bound only by those standards of propriety to be observed by the candidates generally; otherwise the electoral processes would be unfair."

    Keywords:

    candidate; conduct; duty of discretion; election; enforcement; executive head; international civil servant; staff regulations and rules;

    Consideration 14

    Extract:

    a provision which stipulates that special leave may be granted with full, partial or no pay "for training or research in the interests of the bureau or for other valid reasons [...] does not give authority to the director to order special leave for any reason he considers to be valid; the reason must be advanced by the staff member and only then is the director empowered to judge its validity. the decision to 'place you on special leave' [...] must therefore be quashed".

    Keywords:

    decision quashed; discretion; executive head; grounds; purpose; special leave; training;

    Consideration 15

    Extract:

    "while a candidate who is standing against an incumbent director must be free to criticise in moderate language his opponent's record, it may well be argued, as it is in this case, that his proclaimed opposition to the director who is re-elected may interfere with fruitful co-operation. so an assessment that was objective and unprejudiced might have arrived at the same conclusion as the director's [on the basis of which the complainant's contract was not renewed]." however the tribunal held that decision to be biased.

    Keywords:

    candidate; contract; election; executive head; fixed-term; non-renewal of contract; working relations;



  • Judgment 421


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the director can put himself under an obligation to exercise his authority in a particular way: by the establishment of a practice on which the staff come to rely; or by an announcement by administrative circular or otherwise that in the exercise of power the director proposes to follow a specified procedure. if the director promises expressly or implicitly not to exercise his authority except in a particular way, he can bind himself, at least temporarily, not to act except in that way. the tribunal has no jurisdiction to enforce such a promise unless it is one which is intended to have a contractual effect as between the organisation and the officials.

    Keywords:

    binding character; competence of tribunal; effect; executive head; practice; promise;



  • Judgment 417


    44th Session, 1980
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    "it is unnecessary to consider whether and to what extent, if at all, the director-general could be made responsible for the acts or omissions of the staff pension committee. what is quite clear is that he can have only a limited responsibility in its decisions."

    Keywords:

    decision; executive head; liability; staff pension committee; unjspf;



  • Judgment 412


    44th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the material provision empowers the director-general at his discretion to authorise officials to work half-time. "the reasons given for the application should be well founded, but this is not the only [requirement]: [...] the authorisation to work half-time should be fully in the interests of the [organisation]. in other words the director-general enjoys wide discretion: he will exercise it first and foremost in the light of what the [organisation's] interests demand."

    Keywords:

    discretion; executive head; grounds; organisation's interest; part-time employment; request by a party;



  • Judgment 404


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the director-general stated that he would inquire into the truth of the alleged assurances given to the complainant. "that was a conciliatory gesture, and it meant neither the continuation of her earlier appeal nor the introduction of a new one. [...] since the action he intended was informal, [the director-general] was under no duty to give the complainant an opportunity to comment on the outcome. that she was not allowed to give evidence in the course of the inquiry therefore constituted no breach of the right to a hearing."

    Keywords:

    contract; executive head; inquiry; promise; right to reply;



  • Judgment 403


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "the organization, in common with all others, recognises the right of the staff in accordance with the principle of freedom of association [...] to organise [...] nor is it disputed that it is for the staff to organise itself and not for the director-general to organise it."

    Keywords:

    executive head; freedom of association; independence; staff union;



  • Judgment 352


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "in exercising his authority the director-general is not bound by the recommendations of the advisory bodies. he is indeed quite free to determine the general assessment in the light of the whole file and even to alter the assessments agreed on by the official's own supervisors. the bodies which advise the director-general therefore enjoy just as much freedom as he to assess the official's performance. ... it is therefore open to them, if they wish, to dissent from an opinion shared by [the supervisors]..."

    Keywords:

    advisory body; advisory opinion; binding character; discretion; executive head; performance report; rating; supervisor; work appraisal;



  • Judgment 337


    40th Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "In his pleas the complainant merely contests the judgments of fact made by the Director-General, and so the Tribunal may not interfere."

    Keywords:

    contract; executive head; fixed-term; judicial review; non-renewal of contract;



  • Judgment 330


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    the administrative council's declaration which the complainant cites is a document that "does not have the force of a rule but merely affords guidance." and although the "general principles" approved by the administrative council "give [the director-general] guidance ... they also respect his discretionary authority and the tribunal must acknowledge that by not going beyond the scope of its minimum power of review."

    Keywords:

    administrative instruction; binding character; discretion; executive body; executive head; judicial review;



  • Judgment 323


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "...the council in general in its dealings with the staff acts through the director-general to whom ... the staff is responsible and who ... carries out the council's decision."

    Keywords:

    competence; decision; enforcement; executive head; legislative body;

    Consideration 22

    Extract:

    it is not the case that "a decision of the council which, when executed, will inevitably have an effect upon an official's rights, ipso facto alters those rights from the moment it is made and before it is executed. ...it is the director-general, not the council, who vis-a-vis the official fixes his salary; this is so, whether or not in fixing the salary the director-general is required to conform with decisions of the council."

    Keywords:

    competence; decision; decision-maker; enforcement; executive head; general decision; legislative body; salary;

    Consideration 7

    Extract:

    is the director-general required "to act independently as he thinks right ... when appointing, assigning and promoting staff, or [is he] acting as executive officer ... and carrying out the decisions of the council" ? the tribunal believes that the latter is the correct view... . "the council must act through the director-general. what the [regulation] requires is a decision by the director-general, but it is as satisfied with a decision which he is taking on the instructions of the council as with one which he is taking on his own responsibility."

    Keywords:

    competence; decision; executive head; legislative body;

    Consideration 22

    Extract:

    "council decisions in staff matters are to be read as an instruction to the director-general. it is his duty to put them into a form which clearly conveys to the official in precisely what way his rights are affected. it is the director-general's decision which the official is entitled to have..."

    Keywords:

    decision; duty to inform; enforcement; executive body; executive head;



  • Judgment 304


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "it is for the [competent] committees and for the director-general to adapt the conditions of promotion to the [organisation's] requirements. hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality laid down in [the staff regulations]."

    Keywords:

    amendment to the rules; competence; criteria; equal treatment; executive head; organisation's interest; promotion; promotion board;

    Consideration 1

    Extract:

    "the decision not to promote ... falls within the director-general's discretionary authority. hence the tribunal will interfere with that decision only if..." [etc.]

    Keywords:

    discretion; executive head; judicial review; promotion; refusal;



  • Judgment 303


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    vide judgment 304, consideration 1.

    Keywords:

    discretion; executive head; judicial review; promotion; refusal;



  • Judgment 301


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "the function of [careers] committees is purely advisory, and the criteria they adopt have no binding force. hence, even though those criteria are not beyond reproach, the director-general's decisions are not tainted on that account."

    Keywords:

    advisory body; binding character; criteria; discretion; executive head; promotion; promotion board;

    Consideration 5

    Extract:

    it is for the competent committees and the director-general to adapt the conditions of promotion to the requirements of the organisation. "hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."

    Keywords:

    amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;

    Consideration 1

    Extract:

    vide judgment 304, consideration 1.

    Keywords:

    discretion; executive head; judicial review; promotion; refusal;



  • Judgment 300


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    vide judgment 304, consideration 1.

    Keywords:

    discretion; executive head; judicial review; promotion; refusal;

    Consideration 5

    Extract:

    vide judgment 301, consideration 5.

    Keywords:

    amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;



  • Judgment 297


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Tribunal might go as far as to impute an error of law to the Director-General if the impugned decision were tainted with an inconsistency. But it is not so. Contrary to what the complainant suggests, the Director-General apparently accepted the recommendation unreservedly and did not overlook it: indeed he actually explained how he would take account of it."

    Keywords:

    acceptance; executive head; internal appeals body; recommendation;

    Consideration 2

    Extract:

    The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."

    Keywords:

    advisory body; binding character; decision; enforcement; executive head; internal appeals body; recommendation;

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