Grounds (34,-666)
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Keywords: Grounds
Total judgments found: 201
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Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
Keywords:
amendment to the rules; breach; decision; deduction; duty to substantiate decision; executive body; grounds; provision; reduction of salary; salary; scale; staff regulations and rules; written rule;
Judgment 934
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant is mistaken in alleging breach of the principle of double jeopardy, since the grounds for the two reprimands were different.
Keywords:
censure; difference; disciplinary measure; double jeopardy; grounds;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
In regard to the Dutch levy issue, "since no reasons were given for the impugned decisions there was breach of Article 106(1) of the Service Regulations which requires that the decision 'state the grounds on which it was based'."
Reference(s)
Organization rules reference: ARTICLE 106, PARAGRAPH 1, OF THE EPO SERVICE REGULATIONS
Keywords:
decision; deduction; duty to substantiate decision; grounds; reduction of salary; salary;
Judgment 849
63rd Session, 1987
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It appears from the evidence as a whole that the Director General's decision was not based on any inability of the complainant to carry out his duties, nor on the unsatisfactory performance by him of those duties, nor on any considerations relating to the necessities of the service or the interests of the organization. It is clear that the Director General's conclusion [...] that the complainant was guilty of serious misconduct constituted the sole and underlying reason for exercising his discretion as he did. The Tribunal has quashed that decision in Judgment 848 and holds that the impugned decision in the present proceedings, based solely on a conclusion which is wrong in law, constitutes an abuse of authority and cannot be allowed to stand."
Reference(s)
ILOAT Judgment(s): 848
Keywords:
abuse of power; contract; fixed-term; grounds; misrepresentation; misuse of authority; nationality; non-renewal of contract; serious misconduct;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
While rejecting the complainants' plea of breach of acquired rights regarding their pensions, the Tribunal holds that "they may ask the ILO to accept restraint in its dealings with staff. An international organisation should refrain from any measure which is not warranted by its normal functioning or the need for competent staff. It is bound by the general principles of law such as equality, good faith and non-retroactivity. It will act from reasonable motives and avoid causing unnecessary or undue injury."
Keywords:
acquired right; decision; grounds; international civil service principles; organisation's duties; pension;
Consideration 15
Extract:
"International civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. The decisions impugned do mar the outlook, in some cases seriously. But that is not enough to establish breach of an acquired right."
Keywords:
acquired right; amendment to the rules; amount; breach; grounds; lack of evidence; official; retirement; separation from service; social benefits;
Judgment 807
61st Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The sole and obvious purpose [of the impugned decisions] was to get rid of someone whose work was, in the administration's view, no longer satisfactory and whose presence was disrupting the section. The dismissal is therefore tainted with abuse of authority and the decisions challenged must be set aside."
Keywords:
abolition of post; abuse of power; conduct; grounds; misuse of authority; termination of employment; unsatisfactory service; working relations;
Judgment 692
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Unlike special leave, leave required in the service of the organisation must be granted, as provided by the regulations, according to circumstances and is not otherwise subject to a time limit. The 12-day leave requested by the complainant is justified for transfer from one duty-post to another, i.e. for professional purposes. The Tribunal allows the complaint.
Keywords:
amendment to the rules; duty station; grounds; leave; request by a party; transfer;
Judgment 631
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
"It was not a proposal to reassign but an immediate and unconditional decision to reassign made irrespective of whether or not the Director-General would permit the retention of the P.6 grade on a personal basis. Such a decision could lawfully be made only on the ground of the complainant's unsatisfactory performance or misconduct." In breach of the applicable rules, the decision was given without reasons and taken without having given the complainant an opportunity to reply. The decision must be regarded as a demotion.
Keywords:
downgrading; grounds; transfer;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal granted that a rule allowed for dismissal in cases of economic problems of a permanent kind. No explanation of the circumstances which may have made staff reductions unavoidable is contained in the dossier. Although prudence might have led to such a measure, that would not suffice to bring the relevant clause into operation. "In supposing that it was [sufficient], the Director-General must have misconstrued the rule and thus been led to exceed his powers. The [dismissal] decision impugned was outside his authority and must be quashed on that ground."
Keywords:
abolition of post; abuse of power; contract; grounds; misuse of authority; permanent appointment; staff reduction; termination of employment;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 36
Extract:
"It is enough to say that the absence of any evidence supporting the decision creates the suspicion that it was taken with improper motives and that such a suspicion is amply confirmed by consideration of the events leading up to it [...] The director wished to get rid of a [staff] committee which he believed to be unrepresentative. [...] The decision [...] can only be viewed either as an attempt to use coercion where persuasion had failed or as an expression of resentment at the failure. as such it is an abuse of power."
Keywords:
abuse of power; amendment to the rules; facilities; grounds; misuse of authority; staff union;
Summary
Extract:
The Tribunal recognises the Director's right to alter the scope of the facilities extended to the staff association. However it reserves the right to set aside any modifications which have not been properly justified. It considers as unjustified the imposition on the staff association of the requirement that communications to be despatched through the organization's facilities should first be submitted to the administration. Furthermore, it considers as a violation of the right to freedom of association the cut in the organization's contribution to the expenses of the association.
Keywords:
amendment to the rules; discontinuance; discretion; facilities; freedom of association; grounds; judicial review; staff union;
Judgment 495
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"If in the case of an active staff member no reason (*) is given, an inference could be drawn that his activities had been improperly taken into account."
(*) in the present case, for non-renewal
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; presumption; staff union activity;
Consideration 5
Extract:
The Tribunal does not accept that whenever a staff member is in like case the burden of proof passes to the organization. "Each case must be decided on the proper inferences to be drawn from its own facts." The first matter to be examined is the reason for the decision. "The second matter in a case such as this is the presence or absence of evidence of any particular animosity by the administration towards the complainant, and of evidence of the part, prominent or otherwise, which he played in the controversy and of any act or attitude by him calculated to excite the administration's disapproval [...]."
Keywords:
bias; burden of proof; contract; fixed-term; grounds; judicial review; non-renewal of contract; staff union activity;
Consideration 4
Extract:
"A staff member who cannot understand why he should be, as it appears to him, unfavourably treated, is naturally inclined to suspect prejudice. One of the unfortunate results of the existing disputes is to create the belief that any decision adverse to an active member of the staff association is to be explained by his staff activities."
Keywords:
bias; decision; grounds; presumption; staff union activity;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The decision not to renew the complainant's contract was not based on any objective grounds: his behaviour and work did not prompt such criticism as would warrant the [...] decision[;] there is no reason to suppose that there were any shortcomings which precluded extending his appointment[;] the [organisation] does not contend that keeping the complainant on its staff would be against its own interests. [And it does not cite] the need to carry out structural reform or make savings. The Director-General [...] drew a clearly mistaken conclusion from the facts".
Keywords:
fixed-term; grounds; mistaken conclusion; non-renewal of contract;
Consideration 3
Extract:
The Director-General's authority is not absolute. The Director-General seems to regard himself as entirely free to make what decisions he will and to believe "that he need not state the grounds for his decision either to the staff member or to the Tribunal. This view rests on an error of law [...] a decision [...] is in fact subject to review by the Tribunal. Although the Tribunal has only a limited power of review, it will so exercise it that the Director-General does not enjoy the unfettered authority he asserts. In assuming his decisions to be unchallengeable, the Director-General went beyond the limits of his discretionary authority, and this error of law alone affords grounds for allowing the complaint, at least in principle."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; grounds; judicial review; non-renewal of contract;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant had worked for the organisation for 12 years; he was nearing retirement age; his work had never aroused criticism. "Had his post not been abolished, therefore, he would certainly have had his appointment extended. To refuse an extension to such a deserving staff member would have constituted a misuse of authority which would have entitled the Tribunal to interfere. Accordingly, it was the abolition alone which made the complainant leave".
Keywords:
abolition of post; contract; fixed-term; grounds; non-renewal of contract; satisfactory service;
Judgment 453
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The grounds on which the organization supports the Director-General's decision [to terminate the complainant at the end of the probation period] are not in the opinion of the Tribunal above criticism." Some of the evidence is not in the complainant's favour but "it is not the duty of the Tribunal to form its own judgment and substitute it for that of the Director-General. It is therefore sufficient to say that the Tribunal is not persuaded that the Director-General's conclusion [...] was clearly mistaken."
Keywords:
grounds; judicial review; probationary period; termination of employment;
Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under the material provisions, the Organization is not required to give reasons for its decision not to extend an appointment; if he so requests, an official can get an explanation from his supervisor. "The Tribunal may, however, exercise the power of review which it assumes in such cases only in the light of the grounds given for the decision to terminate the appointment, and if those grounds are not clear from the actual decision will seek to determine them from the other written evidence."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Under the material provision, an official may appeal against any measure or decision tainted with personal prejudice against him; it is sufficient that he has suffered treatment which is not warranted on any objective grounds. "That is so in the present instance. Despite her age and work record the complainant was suddenly transferred to a post which did not suit her and no thought was ever given to finding a solution which would more closely match her legitimate interests. Only prejudice can account for such a lack of consideration".
Keywords:
bias; evidence; grounds; staff member's interest; transfer;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
In dismissing all the complainant's claims for relief, the Tribunal rejected by implication her claims for compensation for moral prejudice. It did not pass express comment on those claims nor state its reasons for dismissing them. This failure affords a valid ground for review.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; allowance; application for review; claim; grounds; moral injury; omission to rule on a claim; refusal;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
When an organisation is considering whether or not to renew the contract of a government official of a Member State, it is reasonable that it should once again consult the Member State it consulted at the time of the initial appointment. It is conceivable that the mMmber State will wish to re-recruit its former official. Where sound reasons for opposition to the renewal are expressed or implied, the Director-General will go along with them. "But he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a Member State."
Keywords:
consultation; contract; fixed-term; grounds; member state; non-renewal of contract; refusal;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 415
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant's post was abolished and she was not offered two vacant posts. The Tribunal draws the inference "that the continuation of her own work was not offered to the complainant (who would have accepted it, although at a lower grade) with the consequent renewal of her contract, because a decision had already been taken not to extend her contract on the grounds of her nationality."
Keywords:
abolition of post; contract; fixed-term; grounds; nationality; non-renewal of contract;
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