Judgment No. 1729

• Organization: World Health Organization (WHO)
• Date: 29.01.1998
• Original: English
• Judges: Fernando, Hugessen, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. The Tribunal declares the complainant's post (No. 1.2606) to be one of indefinite duration.
2. It orders the WHO to pay her 25,000 Swiss francs in damages.
3. It awards her 5,000 Swiss francs in costs.

Consideration 10

Extract:

"While the Tribunal will not review the substance of discretionary administrative decisions [...] it does have the power to review the process leading to such decisions and to look into questions such as abuse of authority, incomplete consideration of the facts or failure to respect elementary principles of justice: see Judgment 1131 [...]."

Reference(s)

ILOAT Judgment(s): 1131

Keywords

decision; general principle; judicial review; discretion; disregard of essential fact; mistake of law; misuse of authority; abuse of power

Considerations 11-12

Extract:

"It is a fundamental requirement of any decision to abolish a post that there be objective grounds for it: see Judgment 1231 [...]. The same principles apply to a decision to change the source of funding for a position."

Reference(s)

ILOAT Judgment(s): 1231

Keywords

decision; duty to substantiate decision; grounds; amendment to the rules; abolition of post