Decision-maker (544,-666)

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Keywords: Decision-maker
Total judgments found: 55

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• Judgment 902

  
  64th Session, 1988
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 25

  Extract:

  The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".

  Keywords:

  competence of tribunal; complaint; condition; decision; decision-maker; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;
  

  
  
  

• Judgment 869

  
  63rd Session, 1987
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  Paragraph 315.323 of the FAO Manual, under which the Director of personnel of the FAO is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the Director of external relations and general services for the World Food Programme - had been validly delegated to do so.

  Reference(s)

  Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL
  
  

  Keywords:

  competence; decision-maker; delegated authority; evidence; increment withheld; lack of evidence;
  

  
  
  

• Judgment 862

  
  63rd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "Only the body competent to adopt or repeal a rule may suspend it, and by due process."

  Keywords:

  competence; decision-maker; procedure before the tribunal; provision; staff regulations and rules; suspensive action;
  

  
  
  

• Judgment 805

  
  61st Session, 1987
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "Delegation is the normal method of exercising authority within an organisation, and the competence of the head of personnel, who expressly mentioned the higher authority from whom he derived it, is unchallengeable."

  Keywords:

  competence; decision; decision-maker; delegated authority; requisition; right to strike; strike;
  

  
  
  

• Judgment 726

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

  Summary

  Extract:

  The complainants are impugning the decision by the Administrative Council of the EPO to impose a temporary levy of 1.5 per cent on staff members' salaries. The Tribunal holds that the Council's decision falls within the scope of its powers. Inasmuch as the levy is temporary and very small and there is a guarantee of nominal basic salary, the Tribunal concludes that there was no breach of the complainants' acquired rights.

  Keywords:

  acquired right; competence; decision; decision-maker; deduction; executive body; general decision; judicial review; reduction of salary; salary; tax;
  

  
  
  

• Judgment 649

  
  55th Session, 1985
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "A request for review must be addressed to the maker of the challenged decision. In this case, the complainant asked the Reports Board to reconsider its [previous] comments [...] and that was tantamount to challenging the Director-General's decision [...] His challenge was misconceived in law and could not impair the finality of the decision."

  Keywords:

  competence; decision-maker; internal appeal;
  

  
  
  

• Judgment 647

  
  55th Session, 1985
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Even if the letter [...] had been written without authority, the decision therein would not cease to exist on that account. [...] Provided a communication takes the form of a decision its lawfulness is immaterial to the reckoning of the time limit for lodging an appeal. To hold otherwise would impair the stability of the parties' position in law, which is the purpose and indeed the whole point of a time limit."

  Keywords:

  competence; consequence; decision; decision-maker; flaw; internal appeal; receivability of the complaint; start of time limit; time bar; time limit;
  

  
  
  

• 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 481

  
  48th Session, 1982
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The complainant argues that the Director of her division was not competent to order the deduction from her salary, since such a decision falls to the Director-General [...]. She fails, however, to prove any such abuse of authority. Moreover, the Director of her division merely carried out the instructions given [...] by the assistant Director-General."

  Keywords:

  competence; decision-maker; deduction; salary; unauthorised absence;
  

  
  
  

• Judgment 358

  
  41st Session, 1978
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  One decision was signed by the chief of personnel; another by a representative of the Director and on the Director's behalf. "[B]oth those officials were qualified to take the decision in the place of the Director. Hence the complainant cannot properly contend that the decisions were taken without authority. Besides, the decision [...] to dismiss the complainant's second [...] appeal, which conforms with the two earlier decisions, was signed by the Director himself."

  Keywords:

  competence; decision-maker;
  

  
  
  

• Judgment 323

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

  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. [I]t 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 25

  Extract:

  According to the organization "the decision impugned was taken by one of the governing bodies of the FAO in the exercise of its constitutional powers and represented a legislative enactment. [T]he term 'governing body' is not a term used in the constitution of the FAO and there is no definition of what it means." The Council is the executive organ of the Conference, which is the organization's supreme body. The Constitution gives the Council such powers as the Conference may delegate to it. "There is no assertion in the organization's reply of the delegation of any power that would justify the Council in depriving any official of any part of the salary to which under the Regulations he or she is entitled."

  Keywords:

  competence; decision-maker; executive body; reduction of salary; salary;
  

  
  
  

• Judgment 305

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

  Consideration 1

  Extract:

  "Since no appeal lay to the Appeals Committee, the internal authority which took the decision was the last instance."

  Keywords:

  complaint; decision; decision-maker; internal appeal; internal remedies exhausted; receivability of the complaint;
  

  
  
  

• Judgment 292

  
  38th Session, 1977
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "A change in the conditions of remuneration is not an ordinary administrative matter; it is something which the Director-General is expected to consider and decide himself. In the absence of [words to that effect] it is not therefore to be supposed that the power to amend [rules] is one which the Director-General can delegate. [The relevant article] specifies that in individual cases the application of the Staff Regulations may be delegated, but there is no similar provision in respect of the making of general rules."

  Keywords:

  amendment to the rules; competence; decision-maker; delegated authority; executive head; no provision; salary; staff regulations and rules;
  

  Consideration 15

  Extract:

  "If it is to be granted that the power to make a rule must embrace a power to amend it, then the Director-General could unilaterally amend Rule No. 7, but only by the exercise of his rule-making power. There is no document in the dossier [which explicitly shows him to have exercised] such a power."

  Keywords:

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

  
  
  

• Judgment 208

  
  30th Session, 1973
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "In order to invalidate the plea of lack of authority, it is enough to confirm that the Director-General did not overstep the limits of his powers, and it is not necessary to consider how he exercised those powers."

  Keywords:

  competence; decision-maker; discretion; executive head; judicial review;
  

  
  
  

• Judgment 61

  
  10th Session, 1962
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  The "provisions which appertain to the structure and functioning of the international civil service and [...] benefits of an impersonal nature and subject to variation [...] are statutory in character and may be modified at any time in the interest of the service, subject, nevertheless, to the principle of non-retroactivity and to such limitations as the competent authority itself may place upon its powers to modify them."

  Keywords:

  amendment to the rules; competence; decision-maker; non-retroactivity; organisation's interest; provision; staff regulations and rules;
  

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