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

Mistaken conclusion (569,-666)

You searched for:
Keywords: Mistaken conclusion
Total judgments found: 56

1, 2, 3 | next >

  • Judgment 3182


    114th Session, 2013
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges the decision not to appoint her to a position for which she applied, although she ranked first in the technical evaluation.

    Judgment keywords

    Keywords:

    appointment; flaw; mistaken conclusion; recommendation; selection procedure;



  • Judgment 3084


    112th Session, 2012
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The fact that a decision to grant an ad personam promotion lies at the discretion of the Director-General does not preclude appellate review, albeit a limited review of whether the decision involves an error of law or fact or a failure to have regard to a material fact; whether a plainly wrong conclusion was drawn from the facts; whether the decision was taken in breach of a rule of form or procedure or whether there was an abuse of authority (see Judgment 2834, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2834

    Keywords:

    breach; discretion; disregard of essential fact; executive head; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; personal promotion; staff regulations and rules;



  • Judgment 3016


    111th Session, 2011
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Rejection of the complainant's request for reclassification of her post following a classification exercise.
    "The classification of posts involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts. Accordingly, the Tribunal will not substitute its own assessment or direct a new assessment unless certain grounds are established. Consistent precedent has it that 'the Tribunal will not interfere with the decision [...] 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' (see Judgment 1281, under 2)."

    Reference(s)

    ILOAT Judgment(s): 1281

    Keywords:

    discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; post; post classification; procedural flaw;



  • Judgment 3006


    111th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Case remitted to the President of the Office for review of the complainant's effective date of promotion on the basis of his amended performance appraisal.
    "Assessment of merit is an exercise that involves a value judgement. It is usual to refer to decisions or recommendations involving a value judgement as 'discretionary', signifying that persons may quite reasonably hold different views on the matter in issue and, if the issue involves a comparison with other persons, they may also hold different views on their comparative rating. The nature of a value judgement means that point-to-point comparisons are not necessarily decisive. Moreover, because of the nature of a value judgement, the grounds on which a decision involving a judgement of that kind may be reviewed are limited to those applicable to discretionary decisions. Thus, the Tribunal will only interfere if 'the decision was taken without authority; if it was based on an error of law or fact, a material fact was overlooked, or a plainly wrong conclusion was drawn from the facts; if it was taken in breach of a rule of form or procedure; or if there was an abuse of authority' (see Judgment 2834, under 7)."

    Reference(s)

    ILOAT Judgment(s): 2834

    Keywords:

    discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; performance report; procedural flaw; rating; work appraisal;



  • Judgment 2924


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "An error of reasoning establishes neither ill will nor a breach of the duty of care, particularly when the actual decision is correct."

    Keywords:

    breach; duty of care; duty to substantiate decision; mistaken conclusion; organisation's duties;



  • Judgment 2807


    106th Session, 2009
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal will not undertake an exercise to classify or reclassify posts in an organisation's structure [...], since decisions in this sphere lie within the discretion of the organisation and may be set aside only on limited grounds. Such is the case, for example, if the competent bodies breached procedural rules, or if they acted on some wrong principle, overlooked some material fact or reached a clearly wrong conclusion [...]. In the absence of such grounds, the Tribunal will not remit the case to the organisation, nor will it substitute its own post evaluation for that of the competent bodies [...]."

    Reference(s)

    ILOAT Judgment(s): 2151, 2514, 2581

    Keywords:

    case law; discretion; disregard of essential fact; flaw; grade; judicial review; limits; mistake of fact; mistaken conclusion; post classification; post held by complainant;



  • Judgment 2752


    105th Session, 2008
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The Tribunal exercises only a limited power of review in the case of warnings or reprimands which are not of a disciplinary nature. As pointed out in Judgments 274 and 403:
    'The Tribunal will not interfere unless the measure was taken without authority, or violates a rule of form or procedure, or is based on an error of fact or of law, or if essential facts have not been taken into consideration, or if it is tainted with abuse of authority, or if a clearly mistaken conclusion has been drawn from the facts.'
    In Judgment 274 it was also explained that '[a] warning or reprimand must be based on unsatisfactory conduct since what it is saying in effect is that if the conduct is repeated a disciplinary measure may be taken'."

    Reference(s)

    ILOAT Judgment(s): 274, 403

    Keywords:

    censure; complaint allowed; complaint allowed in part; condition; conduct; decision quashed; disciplinary measure; disregard of essential fact; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw; reprimand; unsatisfactory service; warning;



  • Judgment 2669


    104th Session, 2008
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The Director-General's authority to extend a staff member's service beyond the retirement age is found in Staff Regulation 301.9.5. "This provision makes it clear that a decision to grant an extension of a staff member's contract is within the discretionary authority of the Director-General. It is well established in the case law that the Tribunal will only intervene in these circumstances if it can be shown that the executive head of the organisation acted without authority, breached a rule of form or procedure, or that the decision was based on a mistake of fact or law, or overlooked an essential fact, or that clearly mistaken conclusions were drawn from the facts."

    Reference(s)

    Organization rules reference: FAO Staff Regulation 301.9.5

    Keywords:

    age limit; case law; competence of tribunal; contract; decision; discretion; disregard of essential fact; executive head; extension; flaw; mistake of fact; mistaken conclusion; procedural flaw; refusal; retirement;



  • Judgment 2558


    101st Session, 2006
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4 (a)

    Extract:

    According to the complainant, the decision to extend her probationary period is unlawful because it was not taken by the President of the Office. "The defendant has not shown that the Principal Director of Personnel was competent or held a delegation of authority; it merely acknowledges in its reply 'that there is no decision signed by the President extending the complainant's probationary period'. It argues that this does not invalidate the decision to extend the probationary period in view of the absence of any obvious error in the assessment of the complainant's performance. This argument is surprising insofar as it clearly arises from a confusion between the formal requirements and the substantive requirements of an administrative decision. Whether a decision is justified or not in substance, whoever takes the decision must in all cases make sure beforehand that he has the power to do so and, if not, refer the matter to the competent authority for a decision."

    Keywords:

    competence; complaint allowed; complaint allowed in part; decision; delegated authority; executive head; extension; flaw; formal flaw; formal requirements; lack of evidence; mistaken conclusion; organisation; organisation's duties; probation; reply; work appraisal;



  • Judgment 2514


    100th Session, 2006
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The Tribunal has consistently held that it is for the competent body and, in the last resort, the executive head of the relevant organisation to grade staff members following an exercise involving the making of value judgements as to the nature and extent of the duties and responsibilities of the post. Accordingly, the Tribunal will only substitute its own assessment or direct a new assessment if it is shown, for example, that the competent body acted on some wrong principle or overlooked some material fact or reached a clearly wrong conclusion (see Judgments 594, 1067, 1152, 1281 and 1495)."

    Reference(s)

    ILOAT Judgment(s): 594, 1067, 1152, 1281, 1495

    Keywords:

    case law; complaint allowed; complaint allowed in part; discretion; disregard of essential fact; executive head; grade; judicial review; limits; mistake of fact; mistaken conclusion; post classification; post description;



  • Judgment 2427


    99th Session, 2005
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to the case law [...], the Tribunal is competent to review the lawfulness of any decision by the Director-General to terminate a staff member's probation. In particular, it may determine whether that decision is based on errors of fact or law, or whether essential facts have not been taken into consideration, or whether clearly mistaken conclusions have been drawn from the facts, or, lastly, whether there has been an abuse of authority. The Tribunal may not, however, replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service (see Judgment 318, considerations).
    Other cases mention, as further grounds on which the Tribunal will review such decisions, a formal or procedural flaw, or lack of due process (see, for example, Judgments 13, 687, 736, 1017, 1161, 1175, 1183 and 1246) which, it has been noted, must be substantial to invalidate an end-of-probation termination decision."

    Reference(s)

    ILOAT Judgment(s): 13, 318, 687, 736, 1017, 1161, 1175, 1183, 1246

    Keywords:

    case law; competence of tribunal; conduct; contract; decision; decision quashed; disregard of essential fact; evidence; executive head; fitness for international civil service; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; probation; procedural flaw; termination; tribunal; work appraisal;



  • Judgment 2365


    97th Session, 2004
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4 (a)

    Extract:

    "The suspension of the complainant was an interim, precautionary measure, which was to last as long as the disciplinary procedure. It was ordered without hearing the complainant's views on the matter beforehand, but the latter's right to be heard was safeguarded since he later had an opportunity to exercise it before the impugned decision was taken. In any case, a decision to suspend need not necessarily be followed by a substantive decision to impose a disciplinary sanction (see Judgment 1927, under 5). Nevertheless, since it imposes a constraint on the staff member, suspension must be legally founded, justified by the requirements of the organisation and in accordance with the principle of proportionality. A measure of suspension will not be ordered except in cases of serious misconduct. Such a decision lies at the discretion of the Director-General. It is subject therefore to only limited review by the Tribunal, that is to say, if it was taken without authority or in breach of a rule of form or of procedure, or was based on an error of fact or of law, or overlooked some essential fact, or was tainted with abuse of authority, or if a clearly mistaken conclusion was drawn from the evidence (see, for instance, Judgment 2262, under 2)."

    Reference(s)

    ILOAT Judgment(s): 1927, 2262

    Keywords:

    breach; condition; decision; decision-maker; disciplinary measure; disciplinary procedure; discretion; disregard of essential fact; executive head; formal flaw; formal requirements; international civil servant; judicial review; limits; measure of distraint; mistake of fact; mistaken conclusion; misuse of authority; organisation's duties; period; procedural flaw; proportionality; provisional measures; right to reply; serious misconduct; suspensive action;



  • Judgment 2361


    97th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[T]he Tribunal, in keeping with consistent precedent, may not replace the findings of medical boards with its own. But it does have full competence to say whether there was due process and whether the reports used as a basis for administrative decisions show any material mistake or inconsistency, or overlook some essential fact, or plainly misread the evidence (see Judgment 1284, under 4)."

    Reference(s)

    ILOAT Judgment(s): 1284

    Keywords:

    case law; competence of tribunal; complaint allowed; decision; disregard of essential fact; iloat; judicial review; limits; medical board; medical opinion; mistaken conclusion; procedure; report; vested competence;



  • Judgment 2357


    97th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It was said in Judgments 1835, 1836 and 1837 that the application of Article 71(2)[regarding the conditions of award of an education allowance] 'is at the discretion of the President of the Office'. It is not strictly accurate to describe a decision as to the application of Article 71(2) as discretionary. The question whether a particular school or university corresponds to a 'child's educational stage' is essentially a question of fact, albeit one that may, in some circumstances, permit of a value judgment. However, because of the nature of that question, a decision under Article 71(2) is subject to limited review on the same grounds as a discretionary decision properly so called. Thus, it will be reviewed only for procedural error, mistake of fact or law, the drawing of a clearly mistaken conclusion or misuse of authority. In particular, this Tribunal will not substitute its view of the facts for that reached by the President."

    Reference(s)

    Organization rules reference: Article 71(2) of the Service Regulations for Permanent Employees of the EPO
    ILOAT Judgment(s): 1835, 1836, 1837

    Keywords:

    allowance; case law; condition; decision; discretion; education expenses; enforcement; executive head; grounds; interpretation; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw; provision; same; staff regulations and rules;



  • Judgment 2163


    93rd Session, 2002
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "An appointment by an international organisation is a discretionary decision. Being subject to only limited review, it may be set aside only if it was taken without authority or in breach of a rule of form or of procedure, or if it was based on a mistake of fact or of law, or if some material fact was overlooked, or if there was abuse of authority, or if a clearly wrong conclusion was drawn from the evidence. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the organisation full responsibility for its choice. [...] Nevertheless, anyone who applies for a post to be filled by some process of selection is entitled to have his application considered in good faith and in keeping with the basic rules of fair and open competition. That is a right that every applicant must enjoy, whatever his hopes of success may be (see Judgments 1077 [...], 1497 [...] and 1549 [...])."

    Reference(s)

    ILOAT Judgment(s): 1077, 1497, 1549

    Keywords:

    appointment; candidate; case law; competition; decision; decision-maker; discretion; disregard of essential fact; equal treatment; flaw; formal flaw; good faith; international civil service principles; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; organisation's duties; procedural flaw; right;



  • Judgment 2114


    92nd Session, 2002
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "When the measure takes the form of a reprimand, the Tribunal will exercise a limited power of review. It will not interfere 'unless the measure was taken without authority, or violates a rule of form or procedure, or is based on an error of fact or of law, or if essential facts have not been taken into consideration, or if it is tainted with abuse of authority, or if a clearly mistaken conclusion has been drawn from the facts'. (see Judgment 274, [...], under 2.)"

    Reference(s)

    ILOAT Judgment(s): 274

    Keywords:

    censure; conduct; decision-maker; disciplinary measure; disregard of essential fact; duty of discretion; formal flaw; freedom of speech; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • Judgment 2090


    92nd Session, 2002
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organisation asserts that "Article 1010.1 allows it to terminate an appointment by giving one month's notice per year of service [...] The Tribunal observes that [...] 1010.1 may not be interpreted as authorising [the organisation] to terminate [fixed- term] contracts arbitrarily. Decisions of this kind must be based on unsatisfactory performance, or the interests of the service. Furthermore, there must be no breach of adversarial procedure nor any error of fact or of law, nor abuse of authority, nor obvious misappraisal of the facts."

    Reference(s)

    Organization rules reference: ARTICLE 1010.1 OF THE IFRC STAFF REGULATIONS

    Keywords:

    adversarial proceedings; bias; complaint allowed in part; contract; due process; duty to substantiate decision; fixed-term; grounds; mistake of fact; mistaken conclusion; misuse of authority; notice; organisation's duties; organisation's interest; provision; staff regulations and rules; termination; unsatisfactory service;



  • Judgment 2040


    90th Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As the Tribunal has held in many judgments, a decision by an international organisation to make an appointment is a discretionary one and as such is subject to only limited review. It may be quashed only if it was taken without authority, or in breach of a rule of form or of procedure, or if it rested on an error of fact or of law, or if some essential fact was overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence. Moreover, the Tribunal will exercise its power of review with special caution in such cases and will not replace the organisation's assessment of the candidates with its own (see Judgment 1497 [...])."

    Reference(s)

    ILOAT Judgment(s): 1497

    Keywords:

    appointment; candidate; competition; decision; decision-maker; discretion; disregard of essential fact; flaw; formal flaw; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • Judgment 1969


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal will quash [...] a decision [of a discretionary nature] only if it was taken without authority, or if it was tainted with a procedural or formal flaw or based on a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence."

    Keywords:

    decision; decision-maker; discretion; disregard of essential fact; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • Judgment 1878


    87th Session, 1999
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 30

    Extract:

    The complainant called her supervisor a fascist while giving the nazi salute. She was dismissed summarily. "In the Tribunal's view, while the complainant's conduct was not such as to be expected from an international civil servant, nevertheless it was not so serious as to warrant summary dismissal. Her words were intemperate, spoken in the heat of the moment to a superior. That is unacceptable. There was an insulting gesture used twice which was particularly hurtful to [her supervisor], a German. Again, that is unacceptable. But on the other hand an apology was offered the same evening and again the next morning and a written acceptance was generously given by [the supervisor]. In the opinion of the Tribunal qualifying the incident as serious misconduct justifying summary dismissal would be a clearly mistaken conclusion to draw from the facts. Therefore, the disciplinary measure imposed was so disproportionate as to amount to a mistake of law."

    Keywords:

    complaint allowed; complaint allowed in part; conduct; disciplinary measure; fitness for international civil service; mistaken conclusion; proportionality; serious misconduct; staff member's duties; summary dismissal; supervisor; termination; working relations;

1, 2, 3 | next >


 
Last updated: 12.08.2019 ^ top