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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 1029


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    Article 49 of the EPO Service Regulations says that promotion shall be"by selection". What that implies is "that the president will look at the merits of each candidate for promotion, and that he will set all the candidates against each other and choose as many as the number of vacancies allows." In the instant case the Tribunal holds that there is no evidence to suggest that the President went beyond the bounds of his discretion as set in Article 49.

    Reference(s)

    Organization rules reference: ARTICLE 49 OF THE EPO SERVICE REGULATIONS

    Keywords:

    discretion; judicial review; promotion;



  • Judgment 1025


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

    Consideration 2

    Extract:

    "Promotion is at the Secretary General's discretion [...] It is therefore subject only to limited review and the Tribunal will ordinarily set it aside only if it was taken without authority or in breach of a rule of form or of procedure, [etc]".

    Keywords:

    discretion; judicial review; promotion;

    Consideration 2

    Extract:

    "The Secretary General may as a rule amend a text that sets in general terms the conditions for promotion that are to hold good in future and [...] the Tribunal has only a limited power of review over texts of that kind."

    Keywords:

    career; condition; discretion; judicial review; promotion;



  • Judgment 1018


    69th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "It is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, bring about good working relations and improve efficiency. that is one of the factors he may take into account when considering transfers, and the Tribunal will be slow to interfere with such exercise of his discretion especially if, as is the case here, the transfer causes no injury to the employee transferred."

    Keywords:

    discretion; judicial review; lack of injury; organisation's interest; transfer; working relations;



  • Judgment 1016


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In the matter of promotion two principles emerge from the case law: "one is that [the Tribunal] will neither substitute its own assessment of an official's performance for the President's nor review the merits of candidates for promotion. The other is that since the grant of promotion is and must remain at the president's discretion, the mere fact that an official may qualify for it under the rules does not confer on him any enforceable right to it."

    Keywords:

    condition; discretion; judicial review; promotion; work appraisal;



  • Judgment 1001


    68th Session, 1990
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "A decision by an organisation may be reviewed, albeit on limited grounds: it will be set aside if there was no authority to take it, or if there was a breach of form or of procedure or some obvious mistake of fact or of law, of if the decision was arbitrary, or if there was abuse or misuse of authority (cf. Judgments ranging from No. 39 [...] to No. 972 [...])."

    Reference(s)

    ILOAT Judgment(s): 39, 972

    Keywords:

    discretion; judicial review;



  • Judgment 1000


    68th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    See Judgment 1001.

    Reference(s)

    ILOAT Judgment(s): 39, 972, 1001

    Keywords:

    discretion; judicial review;



  • Judgment 987


    68th Session, 1990
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The reason given for terminating the complainant's appointment [before the expiry of the probation period] was his unsatisfactory performance and termination on such grounds may be deemed to be action in the organization's interests. The Director-General having wide discretion in the matter, the Tribunal will quash the decision only if it was taken without authority, [etc]".

    Keywords:

    discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;



  • Judgment 977


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9(D)(V)

    Extract:

    "The Director-General ended the temporary appointment because he did not consider the complainant suitable for the post. [...] Nationality was an important criterion because the holder of the post must be able to travel to the [Occupied Arab] Territories without interference or difficulty. [...] The decision [...] was at the Director-General's discretion and the exercise of his discretion was proper."

    Keywords:

    assignment; criteria; discretion; nationality; qualifications;



  • Judgment 973


    66th Session, 1989
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The case-law has laid down several principles in the matter of staff reports. First, the person approving the report will allow the reporting officer great freedom of expression. Secondly, the staff member's own comments may serve to remedy any error of judgment there may have been. Thirdly, it would be wrong to approve a report (a) if the reporting officer had made an obvious mistake of fact over some important point, (b) if he had neglected some essential fact, (c) if he had been grossly inconsistent or (d) if he could be shown to have been prejudiced."

    Keywords:

    discretion; performance report; rebuttal;



  • Judgment 972


    66th Session, 1989
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The decision whether or not to renew or convert is at the Secretary-General's discretion and the Tribunal's case law is that it will interfere only if such a decision was taken without authority".

    Keywords:

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



  • Judgment 968


    66th Session, 1989
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The attribution of duties to a staff member, the nature of the duties to be carried out and the grading of posts are matters that the Director-General decides at discretion. The Tribunal will not interfere with such a decision unless it was taken without authority [etc]".

    Keywords:

    assignment; discretion; judicial review; limits; post classification; post description;



  • Judgment 958


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Director-General has wide discretion to appoint, transfer and promote staff in the interests of the organization he heads. But his authority is not unqualified, and the Tribunal will review his decisions".

    Keywords:

    appointment; competition; discretion; judicial review;



  • Judgment 956


    66th Session, 1989
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The case law says that when authorised to refuse, without notice or compensation, to renew such an appointment the Director-General has discretion which he exercises subject to an implied requirement of respect for the demands of efficient administration and for the organization's interests. The rule consistently applied is that, short of replacing the Director-General's appraisal of the evidence with its own, the Tribunal will set aside a decision not to renew that was taken without authority [...]".

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;

    Consideration 3

    Extract:

    "The Tribunal is satisfied that it was open to the Director-General to come to the view that what the complainant had done [import a firearm] was, to quote the letter of 14 May 1986, 'harmful to the FAO's good name in the host country' and, being behaviour unworthy of an international civil servant, had been contrary to Staff Regulation 301.014.

    Reference(s)

    Organization rules reference: FAO STAFF REGULATION 301.014

    Keywords:

    conduct; contract; discretion; fitness for international civil service; fixed-term; misconduct; non-renewal of contract; organisation's reputation;



  • Judgment 954


    66th Session, 1989
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "WHO Staff Rule 1050.1 allows termination of a staff member's temporary appointment before the date of expiry if the post he is on is abolished. Although the Director-General has discretion in deciding whether to do away with a post his decision is subject to review: the Tribunal will quash it if there has been breach of some procedural or formal rule [etc]".

    Reference(s)

    Organization rules reference: WHO STAFF RULE 1050.1

    Keywords:

    abolition of post; contract; discretion; fixed-term; judicial review; termination of employment;



  • Judgment 946


    65th Session, 1988
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "As a rule the reasons for any administrative decision must be stated. Non-renewal is plainly a decision of great consequence to a staff member and, though the Director-General is free to make his own assessment of the material facts, the staff member is entitled to know the reasons for the Director-General's conclusion so that he may, if he chooses, lodge first an internal appeal and then, if need be, a complaint with the Tribunal."

    Keywords:

    contract; decision; discretion; duty to substantiate decision; fixed-term; non-renewal of contract;

    Consideration 9

    Extract:

    "The need for savings affords no proper excuse for breach of the principles that protect the staff against arbitrary decision-making."

    Keywords:

    abolition of post; budgetary reasons; contract; discretion; fixed-term; limits; non-renewal of contract;



  • Judgment 940


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "Though there are rules, promotion is in essence at the President's discretion."

    Keywords:

    discretion; executive head; promotion;



  • Judgment 939


    65th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 30

    Extract:

    "If the organisation's best interests so require, if the post suits the appointee's qualifications and if his contract so permits, the assignment may be ordered even against his wishes."

    Keywords:

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



  • Judgment 929


    65th Session, 1988
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The grading of a post depends on evaluation of the work done and the degree of responsibility involved. Such evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere only if the organization is shown to have applied the wrong principles or drawn illogical conclusions."

    Keywords:

    discretion; judicial review; limits; post classification;



  • Judgment 916


    65th Session, 1988
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "In the case of dismissal of a probationer the administration should be allowed the widest measure of discretion and the decision will be quashed only if the mistake or illegality was especially serious or glaring."

    Keywords:

    discretion; judicial review; probationary period; termination of employment;



  • Judgment 901


    64th Session, 1988
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Even where termination before expiry is due to the necessities of the service there must be explanation and justification of the decision because it amounts to unilateral breach of the contract. The Director-General does not then have the discretionary authority he may exercise on expiry and, for one thing, the Tribunal will consider whether the decision serves the organisation's interests, as it should."

    Keywords:

    contract; discretion; duty to substantiate decision; fixed-term; judicial review; organisation's interest; termination of employment;

    Consideration 7

    Extract:

    "When an international official on mission shows professional shortcomings or fails in his duty of 'reserve' the government may of course ask the organisation to withdraw him. But termination is not the inevitable outcome. For one thing, so long as the contract is in force the Director-General does not have discretionary authority; for another, he may discuss the matter with the government [...] In any case even when the organisation acquiesces it need not terminate the appointment on that account."

    Keywords:

    consequence; discretion; duty of discretion; field; misconduct; organisation's duties; persona non grata; project personnel; termination of employment;

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Last updated: 14.10.2021 ^ top