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

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Keywords: Discretion
Total judgments found: 576

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  • Judgment 1543


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Administrative Council exercised its discretion under Article 19(2) [of the EPO's Protocol on Privileges and Immunities] in declining to waive the President's immunity from jurisdiction. Such exercise of discretion is a matter outside the Tribunal's competence, affecting as it does relations between the defendant organisation and a member State. The complaint is therefore 'clearly irreceivable' and must be summarily dismissed in accordance with Article 7 of the Tribunal's Rules."

    Reference(s)

    ILOAT reference: ARTICLE 7 OF THE RULES
    Organization rules reference: ARTICLE 19(2) OF THE EPO PROTOCOL ON PRIVILEGES AND IMMUNITIES

    Keywords:

    competence of tribunal; complaint; discretion; executive head; iloat statute; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; request by a party; summary procedure; waiver of immunity;



  • Judgment 1541


    81st Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Refusal to answer an appeal is not obstruction: the litigant may still appeal to the Tribunal against the implied rejection. [...] Moreover, the President of the Office pleads the need to keep down the amount of internal litigation so as not to overload the administration with pointless work and expenditure. He has thereby assessed the Organisation's interests and made an exercise of discretion with which the Tribunal may not interfere in the circumstances of this case."

    Keywords:

    complaint; direct appeal to tribunal; discretion; executive head; failure to answer claim; iloat statute; implied decision; internal appeal; internal remedies exhausted; judicial review; organisation's duties; organisation's interest; procedure before the tribunal; right of appeal;



  • Judgment 1519


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "The complainants argue that the [salary] survey ought to have compared jobs at like levels of seniority inside and outside [the organization] and not ignored the inverted 'pyramid' of the age structure of [the organization's] staff. There is merit to the criticism. Yet to whichever side one may tend on that point, the comparison is fated to go awry. In any event there was nothing unlawful in the approach the survey took. Neither [the ICSC] nor [the] organization went beyond the bounds of the discretion that the case law allow".

    Keywords:

    case law; discretion; flemming principle; general service category; icsc decision; inquiry; investigation; salary; seniority; step; terms of appointment;

    Consideration 7

    Extract:

    "The complainants' plea that the [ICSC's] method of comparison with outside pay [as modified in 1992] should not have disregarded training would carry weight if it had any merit [...] but it is hard to evaluate the benefits of it to staff. Any attempt to do so may end in approximation or error because those benefits are not a reward for services rendered and depend on each staff member's duties, experience and career prospects. Though comparison of such benefits might have proved possible, the [ICSC's] methodology did not have to take account of them."

    Keywords:

    discretion; flemming principle; general service category; icsc decision; inquiry; investigation; salary; terms of appointment;

    Consideration 6

    Extract:

    "The revision of 1992 [of the general methodology which the International Civil Service Commission applies to salary service] did result in a reduction of outside employees' fringe benefits. [...] According to the survey [...] the goods and services taken into account were such that the effect of the change was slight. So the revision is not to be deemed unlawful on that score, the Commission exercised its discretion".

    Keywords:

    discretion; flemming principle; fringe benefits; general service category; icsc decision; inquiry; investigation; reckoning; salary; scale;



  • Judgment 1500


    80th Session, 1996
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Advancement under Staff Regulation 3.4 "consists in rising by steps: any staff member qualifies for it who meets the conditions of seniority and 'satisfactory service'. Personal promotion means rising in grade without any change in duties and is a benefit that the Director General may bestow at discretion. He does so only in 'exceptional circumstances' to reward someone for services of a quality higher than that ordinarily expected of the holder of the post."

    Reference(s)

    Organization rules reference: WIPO STAFF REGULATION 3.4

    Keywords:

    condition; discretion; executive head; increment; personal promotion; right; staff regulations and rules;



  • Judgment 1498


    80th Session, 1996
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "As is plain from the case law, the setting of pay scales is at an organisation's discretion. The Tribunal has recognised as much in Judgments 1000 [...] and 1265 [...], where under 26 it said, quite specifically, that it would not interfere in the drafting of the salary policy that the exercise of such discretion was based on, even though it did have power of review in the area. The discretionary authority of the Agency holds good for interim adjustments as well as for the setting of pay scales on the strength of the five-yearly general surveys."

    Reference(s)

    ILOAT Judgment(s): 1000, 1265

    Keywords:

    adjustment; case law; discretion; judicial review; salary; scale;



  • Judgment 1497


    80th Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "An organisation has discretion in holding interviews according to its own rules."

    Keywords:

    competition; discretion;



  • Judgment 1495


    80th Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "A decision determining a career path in accordance with CERN rules is analogous to a decision about grading. A long line of precedent leaves such a decision to the Director-General's discretion."

    Keywords:

    case law; discretion; executive head; judicial review; post classification; staff regulations and rules;



  • Judgment 1475


    80th Session, 1996
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The decision to terminate the complainant's appointment was a discretionary one, and consistent precedent has it that the Tribunal will not set aside a decision of that kind unless it shows a mistake of fact or law or a formal or procedural flaw, or some essential fact was overlooked or a clearly mistaken conclusion drawn from the evidence, or if there was abuse or lack of authority."

    Keywords:

    case law; discretion; judicial review; separation from service; termination of employment;



  • Judgment 1472


    80th Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[A] decision [setting the place of home leave] is a discretionary one. The Tribunal will quash such a decision only if it was taken without authority or if it shows some procedural or formal defect or a mistake of fact or 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."

    Keywords:

    discretion; home; home leave; judicial review;



  • Judgment 1463


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "Several judgments say that a decision on a staff report, being a discretionary one, may be set aside only on limited grounds such as a mistake of fact or of law or failure to take account of some material fact: see [...] Judgments 724 [...], 806 [...] and 1144 [...]."

    Reference(s)

    ILOAT Judgment(s): 724, 806, 1144

    Keywords:

    case law; discretion; disregard of essential fact; judicial review; mistake of fact; performance report;



  • Judgment 1450


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "The organisation is free to make whatever use it wishes of the possibility of granting fixed-term contracts. The Tribunal will not interfere in the exercise of such discretion. So there is another issue that it will not entertain, namely whether [...] the complainants' duties were permanent or temporary. Whether duties are permanent or not will depend not just on the sort of work to be done but also on the organisation's own shifting requirements."

    Keywords:

    contract; discretion; duration of appointment; fixed-term; judicial review; organisation's interest; post description;



  • Judgment 1446


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    The grant of an increase for merit is discretionary under Staff Rule 555.1. "By its very nature such a provision cannot confer an acquired right."

    Reference(s)

    Organization rules reference: WHO STAFF RULE 555.1

    Keywords:

    acquired right; condition; discretion; increment; staff regulations and rules;



  • Judgment 1445


    79th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The choice of a particular sort of disciplinary action is "obviously at the Director-General's discretion and the Tribunal will not interfere unless his decision shows some fatal flaw such as [...] breach of the rule of proportionality."

    Keywords:

    disciplinary measure; discretion; executive head; judicial review; limits; proportionality;



  • Judgment 1444


    79th Session, 1995
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Termination of an appointment is a discretionary decision which the Tribunal will set aside only on limited grounds".

    Keywords:

    contract; discretion; executive head; judicial review; non-renewal of contract; separation from service;

    Consideration 8

    Extract:

    Vide Judgment 1161, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 1161

    Keywords:

    career; case law; discretion; executive head; extension of contract; probationary period; purpose; qualifications; separation from service; termination of employment;



  • Judgment 1441


    79th Session, 1995
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The complainant held a fixed-term appointment. His proven shortcomings and misconduct were undoubtedly such that the organization might have refused without further ado to extend his appointment. As the Tribunal has always acknowledged, an organisation has discretion in the matter and, as many rulings bear out, it may refuse renewal on grounds of unsatisfactory performance or misconduct: for a recent example see Judgment 1405."

    Reference(s)

    ILOAT Judgment(s): 1405

    Keywords:

    case law; contract; discretion; fixed-term; misconduct; non-renewal of contract; unsatisfactory service;



  • Judgment 1438


    79th Session, 1995
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant was denied a further extension of the period in which he was entitled to claim the refund of removal expenses. The Tribunal considers that "in accordance with its case law, [it] will not substitute its own views for those of the director-general in a matter in which he has discretion."

    Keywords:

    case law; discretion; executive head; judicial review; new time limit; refund; removal expenses; time limit;



  • Judgment 1437


    79th Session, 1995
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant was transferred against his wishes to another unit. There was nothing improper in the decision to transfer him. "The transfer was in the organization's interests" and took lawfully into account such facts as the reform of his old unit and the need for more staff in his new one.

    Keywords:

    discretion; executive head; judicial review; organisation's interest; reorganisation; transfer;



  • Judgment 1422


    79th Session, 1995
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The Tribunal has ruled in Judgment 988 "that Regulation 4.9 allows the Secretary-General to promote someone even against the Appointment and Promotion Board's advice and is intended as a safeguard to ensure compliance with the rules on appointment and promotion. The intent is not to enable the Secretary-General to prefer a weaker candidate on compassionate or indeed any other grounds."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 4.9
    ILOAT Judgment(s): 988

    Keywords:

    advisory body; advisory opinion; appointment; case law; discretion; due process; enforcement; executive head; interpretation; promotion; promotion board; safeguard; selection board; staff regulations and rules;



  • Judgment 1419


    78th Session, 1995
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "Where the Tribunal sets a decision aside the defendant organisation is bound to take any action required to give full effect to the wording and reasoning of the judgment. When the dispute is about financial liability the Tribunal may in the full exercise of its competence either state the amount of which the defendant is liable, if a sufficiently exact figure can be put on it, or else, where execution calls for further calculation or the play of discretion, send the case back to the organisation so that it may act on the rulings in the judgment."

    Keywords:

    compensation; consequence; discretion; effect; execution of judgment; judgment of the tribunal; organisation's duties; res judicata;



  • Judgment 1418


    78th Session, 1995
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The purpose of probation is to ensure that new staff members are the best qualified. So an organisation must be allowed the widest measure of discretion in the matter and its decision will stand unless the defect is especially serious or glaring. Moreover, where the reason for refusal of confirmation is unsatisfactory performance the Tribunal will not replace the organisation's assessment with its own."

    Keywords:

    discretion; judicial review; limits; probationary period; purpose; termination of employment; unsatisfactory service;

    Consideration 6

    Extract:

    "According to the case law a decision not to renew a staff member's appointment is discretionary and will be set aside only if taken without authority or in breach of a rule of form or of procedure, or if based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Those criteria hold good for any discretionary decision, but in reviewing a decision not to confirm the appointment of a probationer the Tribunal will be particularly cautious; otherwise probation would fail to serve as a period of trial."

    Keywords:

    case law; contract; discretion; judicial review; limits; non-renewal of contract; probationary period; purpose;

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Last updated: 28.11.2022 ^ top