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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 1125


    71st Session, 1991
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Where the Rule [viz. Article 25 of the 1956 Staff Rules] is silent the competent authority - here the Administrative Committee - does have discretion to set the amount of the contribution to be paid from the date of retirement. But its decision will not be immune to review by the Tribunal, which will interfere if it finds some mistake of fact or of law [etc.]". The decision to do away with the material benefit is in breach of Article 25 and cannot stand.

    Reference(s)

    Organization rules reference: ARTICLE 25 OF THE 1956 STAFF RULES

    Keywords:

    amount; breach; contributions; discontinuance; discretion; judicial review; no provision; organisation; provision; staff regulations and rules;



  • Judgment 1124


    71st Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    See Judgment 1126, summary.

    Reference(s)

    Organization rules reference: ARTICLE 61(5) OF THE INTERPOL STAFF RULES
    ILOAT Judgment(s): 1126

    Keywords:

    amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;



  • Judgment 1116


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "According to consistent precedent the Director-General has discretion to extend a fixed-term appointment or convert it into an indeterminate one and his decision will be set aside only if taken without authority [etc]".

    Keywords:

    amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; non-renewal of contract; permanent appointment;



  • Judgment 1115


    71st Session, 1991
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The Tribunal has only a limited power of review in the matter of performance reports. It will not interfere unless the decision impugned has been based on a mistake of fact or of law [etc]".

    Keywords:

    discretion; judicial review; performance report;



  • Judgment 1111


    71st Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant, having tendered her resignation, was mistakenly paid a termination indemnity upon the transfer of Interpol's Headquarters to Lyons. The organisation ordered repayment. "[T]he Secretary General's decision to claim the sum back from her is a discretionary one. In deciding whether to demand full or part repayment he takes accounts of such factors as the staff member's good or bad faith, the sort of mistake that has been made, the organization's own and the staff member's negligence and the inconvenience which the demand, made necessary by the organization's own oversight, will put the staff member to. So the Tribunal will exercise only a limited power of review over the decision."

    Keywords:

    discretion; good faith; judicial review; negligence; recovery of overpayment; terminal entitlements;



  • Judgment 1109


    71st Session, 1991
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In keeping with the scheme for "personal promotion" brought in by Circular 334, "promotion is at the Director-General's discretion, his decision is subject only to limited review, and it may not ordinarily be set aside unless there is some particular fatal flaw. Breach of a procedural rule is such a flaw."

    Reference(s)

    Organization rules reference: ILO CIRCULAR 334 (SERIES 6) OF 20 JULY 1985

    Keywords:

    discretion; flaw; judicial review; personal promotion; procedural flaw; promotion;



  • Judgment 1088


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    At issue is the organisation's refusal to refund the costs of Serocytol, a pharmaceutical product which Eurocontrol regards as of no curative effect. The organisation did not go beyond the bounds of the discretion it has in the matter under Article 24(2) of Rule no. 10 concerning health and accident insurance.

    Reference(s)

    Organization rules reference: ARTICLE 24(2) OF RULE NO. 10

    Keywords:

    discretion; health insurance; medical expenses; refund; refusal;



  • Judgment 1080


    70th Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Vide Judgment 1126, summary.

    Reference(s)

    Organization rules reference: ARTICLE 61.5 OF THE INTERPOL STAFF RULES
    ILOAT Judgment(s): 1126

    Keywords:

    amount; condition; discretion; enforcement; provision; staff regulations and rules; terminal entitlements;



  • Judgment 1078


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was transferred on account of his poor relations with other staff members. "The Tribunal is satisfied on the evidence before it that [the organisation] did not go beyond the bounds of the discretion it must be allowed in matters of internal administration and management."

    Keywords:

    discretion; judicial review; transfer; working relations;



  • Judgment 1077


    70th Session, 1991
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "A decision by an international organisation to make an appointment is a discretionary one and is therefore subject only to limited review. It may be quashed only if it was taken without authority [etc]. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the Selection Committee and the executive head full responsibility for their choice."

    Keywords:

    appointment; competition; discretion; judicial review; limits;



  • Judgment 1076


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 7

    Extract:

    The complainant's application for transfer was refused. "Being discretionary, the decision may be set aside only if it was taken without authority [...]. The Tribunal will not quash a decision simply because the parties' respective interests might have been differently assessed."

    Keywords:

    discretion; judicial review; organisation; organisation's interest; refusal; request for transfer; staff member's interest;



  • Judgment 1072


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    For an IAEA staff member's spouse to qualify as a dependant, his or her gross salary must not exceed that of the lowest step in the general service grade applicable in the spouse's country of employment. That amount is converted into Austrian schillings at the rate applicable in January of the year in question. Under the prescribed method the complainant's wife failed to qualify as a dependant and the Director refused to treat her as one. The Director's decision was a discretionary one and the Tribunal sees no grounds for setting it aside.

    Keywords:

    amount; condition; definition; dependant; discretion; judicial review; salary;



  • Judgment 1067


    70th Session, 1991
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The grading of a post depends on evaluation of the work done and the degree of responsibility it involves. The evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere with a decision based thereon only where the organisation is shown to have applied wrong principles or drawn illogical conclusions."

    Keywords:

    criteria; discretion; judicial review; limits; post classification;



  • Judgment 1055


    70th Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    WHO Staff Rule 565.2 reads: "A staff member may be reassigned whenever it is in the interest of the organization to do so". The Rule reflects a general principle stated in Judgment 810. Yet the Director-General's authority in the matter is not absolute. The Tribunal will determine whether there is a formal or procedural flaw, etc. It will also consider whether there has been breach of good faith.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 565.2
    ILOAT Judgment(s): 810

    Keywords:

    discretion; good faith; judicial review; organisation's interest; transfer;



  • Judgment 1054


    69th Session, 1990
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "The substance of the obligation [to state the reasons for a decision] will vary with circumstances. iI will not be the same when the decision is general as when it is individual; when management has some degree of discretion as when its authority is circumscribed; when the decision may be adverse as when it is [...] intended to bestow a benefit."

    Keywords:

    discretion; duty to substantiate decision; general decision; individual decision;



  • Judgment 1052


    69th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Where the reason given for the non-renewal is unsatisfactory performance, the Tribunal will not replace with its own the organisation's view of the complainant's fitness for his duties."

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; work appraisal;

    Consideration 4

    Extract:

    "The case law is that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, [etc]. Although such criteria hold good for the review of all discretionary decisions, the Tribunal will exercise especial caution in reviewing a decision not to confirm the appointment of someone who is still on probation; else probation would fail to serve its purpose as a period of trial. In the case of a probationer the administration must indeed be allowed the widest measure of discretion, and its decision will stand unless the flaw was particularly serious or glaring."

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; probationary period; termination of employment;



  • Judgment 1050


    69th Session, 1990
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The greater caution must be shown in interfering with a [transfer] decision which is founded solely on the organization's interests because the Director-General must ordinarily be deemed to be the best judge of what they are."

    Keywords:

    discretion; judicial review; organisation's interest; transfer;

    Consideration 5

    Extract:

    "But Regulation 4.2 provides that the purpose of transfer is to secure 'the highest standards of efficiency, competence and integrity'. In acting in pursuance of that purpose the Director-General is not precluded from transferring a staff member provided that his intention is, as Regulation 1.1 requires, to serve the organization's interests and that the staff member's own abilities and interests are not overlooked. Where the Director-General believes that the organization's interests must prevail he will act accordingly and the staff member will ordinarily have to fall in line unless he prefers resignation."

    Reference(s)

    Organization rules reference: UNESCO STAFF REGULATIONS 1.1 AND 4.2

    Keywords:

    discretion; organisation's duties; organisation's interest; purpose; staff member's duties; staff member's interest; transfer;



  • Judgment 1047


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "A decision by the Director-General not to renew an appointment is a discretionary one, but his discretion is not unfettered. Since one of the reasons he gave for the decision impugned in this case is unfounded and the other reason is tied in with it, the decision must be set aside."

    Keywords:

    contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract;



  • Judgment 1044


    69th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Whether to renew a fixed-term appointment is a discretionary decision, and the Tribunal may not set it aside unless it was taken without authority, or in breach of a rule of form or of procedure, or unless it was based on a mistake of fact or of law, etc." The organization's financial difficulties constituted a proper basis on which to base the decision not to extend her appointment.

    Keywords:

    budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal of contract;



  • Judgment 1038


    69th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Director-General took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. Even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."

    Keywords:

    competence; contract; discretion; executive head; fixed-term; non-renewal of contract; qualifications; work appraisal;

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