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Discretion (547, 548, 549, 550, 551,-666)

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Keywords: Discretion
Total judgments found: 551

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  • Judgment 1388


    78th Session, 1995
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "According to consistent precedent promotion is at the discretion of the organisation, which must be free to grant or withhold it in accordance with objective working requirements. It follows that any grant of promotion at the time of retirement is inherently contrary to the organisation's interests because by then there can no longer be any question of taking on the higher level of responsibility that promotion entails."

    Keywords:

    case law; date; discretion; effective date; organisation's interest; promotion; retirement; right; separation from service;



  • Judgment 1386


    78th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    Consistent precedent has it "that the administrative authority has the widest measure of discretion in confirming the appointment of a probationer (see Judgments 503, [...] under 2; 687, [...] under 2; 1052, [...] under 4; and 1161, [...] under 4). The purpose of such discretion is to ensure that the organisation may choose staff in full freedom and independence and in so doing it will assess the imponderable aspects of the probationer's personality, which must pose no threat to the harmony of staff relations. Here the Tribunal will not intervene in the administration's choice except in the event of abuse of authority or a clear mistake of law or of fact."

    Reference(s)

    ILOAT Judgment(s): 503, 687, 1052, 1161

    Keywords:

    case law; contract; criteria; discretion; judicial review; official; organisation's interest; permanent appointment; probationary period; working relations;



  • Judgment 1371


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The ad hoc reduction-in-force committee has discretion to consider a candidate well-suited for work in a particular group "on the strength of his actual qualifications and experience. In this case the committee failed to exercise such discretion and so the reduction-in-force procedure has not been duly completed. It must therefore be restarted."

    Keywords:

    advisory body; candidate; discretion; due process; flaw; procedure before the tribunal; professional category; staff reduction;



  • Judgment 1367


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11 and 16

    Extract:

    "The dispute is about the time in which a staff member of WHO may exercise his right to removal of his household effects at the organization's expense upon retirement. [...] The Director-General's decision is arbitrary, not just because it fails to state the reasons for choosing the [...] new deadline for the refund of the costs of removal, but because it gives no consistent reply to the complainant's claim. It is a wrong exercise of discretion."

    Keywords:

    bias; breach; decision; discretion; duty to substantiate decision; limits; refund; removal expenses; time limit;



  • Judgment 1357


    77th Session, 1994
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The organisation is free to withdraw a notice of vacancy at any time, even when, as in this case, the process of selection has gone quite far. The conclusion is that the complainant's internal appeal disclosed no cause of action at the time of filing and that his complaint must fail for the same reason, there being no need to entertain his arguments on the merits."

    Keywords:

    competition; discretion; internal appeal; no cause of action; organisation's interest; post; procedure before the tribunal; receivability of the complaint; vacancy notice;



  • Judgment 1355


    77th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law - especially Judgment 1235 [...] - the Director-General is not bound by the appointment and Promotion Committee's recommendations and in particular need not appoint the candidate the Committee has put first. In the exercise of discretion, he must ensure that his choice is not tainted with any mistake of law or fact and, to allow the tribunal to exercise its power of review, he must state the reasons for his decision."

    Reference(s)

    ILOAT Judgment(s): 1235

    Keywords:

    advisory body; advisory opinion; appointment; candidate; case law; competition; discretion; duty to substantiate decision; executive head; judicial review; limits; mistake of fact; promotion board;

    Consideration 9

    Extract:

    "Any promotion wholly or even mainly based on considerations of sex would unquestionably be unlawful."

    Keywords:

    candidate; discretion; flaw; judicial review; promotion; sex discrimination;

    Consideration 9

    Extract:

    "Qualifications being comparable, it was lawful for the Union to apply the test of seniority" when picking a candidate for promotion.

    Keywords:

    candidate; competence; criteria; discretion; judicial review; promotion; seniority;

    Consideration 10

    Extract:

    The Tribunal rejects his plea "that the Director-General erred in law by assuming that he was empowered to disregard the Appointment and Promotion Committee's 'decisions'. What the Committee does is advise, not decide, and the Director-General simply exercised his discretion in choosing between the candidates on its short-list. Although [...] he must exercise such discretion lawfully he is not bound by the Committee's ranking of candidates."

    Keywords:

    advisory body; advisory opinion; appointment; candidate; competition; condition; decision; discretion; executive head; promotion board;



  • Judgment 1352


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "In the case of dismissal of a probationer the employer is to be allowed the widest discretion and the decision will be quashed only if the mistake or the illegality is especially serious or glaring: see, for example, Judgment 687 [...], under 2."

    Reference(s)

    ILOAT Judgment(s): 687

    Keywords:

    case law; discretion; flaw; judicial review; limits; probationary period; termination of employment;



  • Judgment 1349


    77th Session, 1994
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "An organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment and a fortiori whether to convert it into an indefinite one. The exercise of such discretion is subject to review, but only to limited review, the Tribunal respecting the organisation's freedom to determine its own requirements and the career prospects of staff."

    Keywords:

    amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; limits; non-renewal of contract; organisation's interest; permanent appointment;



  • Judgment 1335


    76th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Decisions to renew or extend fixed-term appointments are at the discretion of the executive head, on the understanding, however, that he shall exercise it for the good of the organisation and in its interests."

    Keywords:

    contract; decision; discretion; executive head; extension of contract; fixed-term; limits; organisation's interest;



  • Judgment 1334


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    "The Tribunal must make it plain that it will not interfere in the Agency's exercise of its discretion to determine the sort of additional duties or constraints that earn special compensation over and above the payment of salary for the performance of normal duties. Nor, if the Agency believes special compensation to be warranted, will the Tribunal, save in obviously anomalous cases, rule on the form such compensation should take or the arrangements for granting it."

    Keywords:

    compensatory allowance; discretion; judicial review; limits; proportionality; salary;



  • Judgment 1332


    76th Session, 1994
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The Director-General's decision, being discretionary, is subject to limited review by the Tribunal and may be set aside for example if he obviously misconstrued the facts. But he did not."

    Keywords:

    discretion; executive head; judicial review; limits; mistake of fact;



  • Judgment 1324


    76th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    See Judgment 525, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 525

    Keywords:

    abuse of power; amendment to the rules; decision-maker; discretion; disregard of essential fact; exception; executive head; formal flaw; home; home leave; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • Judgment 1317


    76th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    The organisation says that the non-renewal of the complainant's appointment was warranted by restructuring operations in its regional offices. "The duty to state the reasons for a decision forms part of any due administrative process. The Tribunal is not questioning that there was an objective need for the reforms the Union brought in [but] the Union ought to have explained to him why the reforms warranted removing him. It did not. The ITU ignored a long line of precedents on non-renewal procedure."

    Keywords:

    case law; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's interest; reorganisation;

    Consideration 24

    Extract:

    Several recent rulings [...] sharply define the ambit of such review in line with the case law affirmed from the outset: see Judgments 956 [...] under 2 and 3; 1262 [...] under 4; and 1273 [...] under 8.

    Reference(s)

    ILOAT Judgment(s): 956, 1262, 1273

    Keywords:

    abuse of power; case law; contract; decision; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; misuse of authority; non-renewal of contract; notice; organisation's interest; procedural flaw; right to reply;



  • Judgment 1312


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    See Judgment 1317, consideration 24.

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    case law; contract; discretion; fixed-term; judicial review; mistake of fact; non-renewal of contract;



  • Judgment 1298


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Vide Judgment 1154, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 1154

    Keywords:

    case law; contract; decision; discretion; duty to inform; duty to substantiate decision; fixed-term; judicial review; non-renewal of contract; organisation's duties;



  • Judgment 1292


    75th Session, 1993
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "When the Director-General asks the Swiss government to confer diplomatic status, he is exercising his discretion. [...] So the Tribunal will not interfere with his decision unless he has committed some procedural or formal error or a mistake of law or of fact, or applied some wrong principle, or drawn illogical conclusions from the evidence before him."

    Keywords:

    discretion; executive head; flaw; judicial review; mistake of fact; mistaken conclusion; privileges and immunities; procedural flaw; status of complainant;



  • Judgment 1290


    75th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Director-General enjoys wide discretion in the matter of renewal of a fixed-term appointment and the Tribunal will exercise only a limited power of review. It will, moreover, show special restraint when a decision not to renew rests on appraisal by the staff member's own supervisors: because of their technical qualifications and familiarity with his work and personal attributes they are, after all, best fitted to advise the Director-General."

    Reference(s)

    ILOAT Judgment(s): 1184

    Keywords:

    contract; discretion; executive head; fixed-term; judicial review; non-renewal of contract; supervisor; work appraisal;



  • Judgment 1284


    75th Session, 1993
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Precedent has it [...] that the Tribunal may not replace the Board's assessment of medical questions with its own. But it goes further than that: the Tribunal does have full competence to say whether there was due process and whether the medical findings show any material mistake or inconsistency, or overlook some essential fact, or plainly misread the evidence."

    Keywords:

    case law; discretion; disregard of essential fact; flaw; judicial review; limits; medical board; medical opinion; mistaken conclusion; procedural flaw; procedure before the tribunal; report;

    Consideration 6

    Extract:

    "The complainant's main claim - that his condition be declared attributable to the performance of official duties - fails because the Tribunal may not substitute its own assessment of the case for the Medical Board's."

    Keywords:

    discretion; illness; judicial review; medical board; report; service-incurred;



  • Judgment 1281


    75th Session, 1993
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to the case law the grading of posts is a matter within the discretion of the executive head of an international organisation. So the Tribunal will not interfere with the decision impugned in this case 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. Moreover, the Tribunal will not substitute its own assessment of the facts for the Secretary-General's."

    Keywords:

    abuse of power; case law; competence; decision-maker; discretion; disregard of essential fact; executive head; flaw; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; post classification; procedural flaw;



  • Judgment 1280


    75th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    Vide Judgment 1279, consideration 29.

    Reference(s)

    ILOAT Judgment(s): 1279

    Keywords:

    adjustment; discretion; executive head; flemming principle; general service category; local status; reckoning; salary; scale;

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