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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 1136


    72nd Session, 1992
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant is objecting to an appraisal report. "According to well-established precedent [...] a reporting officer has wide discretion [...] and [his assessment] will stand unless there is an obvious mistake of fact or failure to show the sort of objectivity that ought to govern reporting."

    Keywords:

    discretion; judicial review; performance report; work appraisal;



  • Judgment 1131


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

    Consideration 5

    Extract:

    The Tribunal's "power of review is limited. It may not supplant an organisation's view with its own on such matters as a restructuring of posts or redeployment of staff intended to make savings or improve efficiency. Nor may it consider whether abolishing a post was the right thing to do. But it will interfere with any decision that was taken without authority [etc]".

    Keywords:

    abolition of post; budgetary reasons; competence of tribunal; discretion; judicial review; reorganisation;



  • Judgment 1128


    71st Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    As stated in Judgment 675, "an international organisation is under an obligation to consider whether or not it is in its interests to renew a contract and to make a decision accordingly: though such a decision is discretionary, it may not 'be arbitrary or irrational'; there 'must be a good reason for it and the reason must be given'."

    Reference(s)

    ILOAT Judgment(s): 675

    Keywords:

    contract; discretion; duty to substantiate decision; fixed-term; grounds; limits; non-renewal of contract; organisation's duties; organisation's interest;

    Consideration 6

    Extract:

    "It is at the discretion of an international organisation to discontinue employment it has lost confidence in the staff member and no longer believes that he will show due respect for its good name, and the Tribunal will not interfere with the decision the organisation takes in the exercise of that discretion unless it finds one of the fatal flaws that warrant setting the decision aside. Such flaws include procedural defects, failure to take account of some essential fact and misuse of authority."

    Keywords:

    discretion; judicial review; non-renewal of contract; organisation's reputation; staff member's duties; termination of employment;



  • Judgment 1127


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 30

    Extract:

    "A decision not to confirm a probationer's appointment is at the Director General's discretion and, according to well-established precedent, a discretionary decision may be set aside only if it was taken without authority [etc.] "There will be especial caution in reviewing a decision not to confirm the appointment of a probationer in the light of the material criteria. "Where the reason for refusal of confirmation is, as in the present case, unsatisfactory performance the Tribunal will not replace with its own the organisation's assessment of the official's fitness."

    Keywords:

    appointment; discretion; judicial review; probationary period; termination of employment; unsatisfactory service;

    Consideration 8

    Extract:

    The complainant suggests that the Reports Committee which recommended against confirming her appointment following probation was biased. "The burden is on the complainant to show that the members of the Committee duly appointed by the Director General were not impartial, and she has failed to offer any evidence to suggest that they were not."

    Keywords:

    advisory body; bias; burden of proof; complainant; composition of the internal appeals body; discretion; evidence; executive head;

    Consideration 8

    Extract:

    "The Tribunal will not ordinarily question the competence and qualifications of those whom the Director General appoints in the exercise of his discretion to the Reports Committee, provided that the rules are complied with and the members' independence and impartiality are not in doubt."

    Keywords:

    advisory body; bias; competence; composition of the internal appeals body; discretion; executive head; judicial review; procedure before the tribunal;



  • Judgment 1126


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

    Summary

    Extract:

    Article 61(5) of the Interpol Staff Rules empowers the Secretary General to grant an official a supplementary indemnity on termination of appointment, "taking into account the particular circumstances relating to the personal situation of the official concerned". The Tribunal finds no evidence of such a "particular circumstance" in this case.

    Reference(s)

    Organization rules reference: ARTICLE 61(5) OF THE INTERPOL STAFF RULES

    Keywords:

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



  • 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;

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Last updated: 28.11.2022 ^ top