ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

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

You searched for:
Keywords: Discretion
Total judgments found: 551

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 | next >



  • Judgment 4252


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, a former official of the ILO, challenges the decision not to award him a personal promotion in the 2011 exercise.

    Consideration 4

    Extract:

    Under the Tribunal’s case law, an organisation enjoys wide discretion with regard to staff promotion. For this reason, such decisions are subject to only limited review. However, the Tribunal must ascertain whether the decision was taken without authority, if it was based on an error of law or fact, a material fact was overlooked, or a plainly wrong conclusion was drawn from the facts, if it was taken in breach of a rule of form or procedure, or if there was an abuse of authority (see Judgments 2835, consideration 5, 3279, consideration 11, and 4066, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 2835, 3279, 4066

    Keywords:

    discretion; personal promotion;



  • Judgment 4240


    129th Session, 2020
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reassign her to the post of Senior Advisor on Innovative Strategic Information, Strategic Information and Evaluation Department.

    Consideration 5

    Extract:

    Regarding the applicable principles, the Tribunal has recognized the wide discretion of an executive head of an international organization, in the interest of the organization, to reassign staff members. The Tribunal has therefore stated that it may interfere with a decision to reassign a staff member only on the limited grounds that the decision was taken ultra vires or shows a formal or procedural flaw or mistake of fact or law, if some material fact was overlooked, if there was misuse of authority or an obviously wrong inference was drawn from the evidence. The Tribunal will therefore be circumspect in reviewing a reassignment or transfer. The Tribunal has recognized that reassignment may be influenced by the need to eliminate tensions that compromise the functioning of a unit. It has however reiterated that the organization must show due regard, in both form and substance, for the dignity of the official concerned, particularly by providing her or him with work of the same level of responsibilities as she or he performed in the previous post and matching her or his qualifications. The Tribunal has further stated that the responsibilities that attach to posts are comparable where on an objective basis the level of the duties to be performed is similar, and that the exercise to reclassify a post or to redefine the duties attaching thereto falls within the discretion of the executive head of the organization, on the recommendation of the relevant manager, and it is equally within the power of the management to determine the qualifications required for a particular post. However, every employee has the right to a proper administrative position, which means that she or he should both hold a post and perform the duties pertaining thereto and should be given real work (see, for example, Judgments 4086, considerations 10 and 11, and 3488, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 3488, 4086

    Keywords:

    discretion; reassignment;



  • Judgment 4231


    129th Session, 2020
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.

    Consideration 3

    Extract:

    The Tribunal’s case law states that an organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment. The exercise of such discretion is subject to only limited review as the Tribunal respects the organisation’s freedom to determine its own requirements and the career prospects of staff. However, the discretion is not unfettered and the Tribunal will set the decision aside if it was taken without authority or in breach of a rule of form or of procedure, or if it rested on an error of fact or of 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 (see, for example, Judgments 4062, consideration 6, and 4146, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 4062, 4146

    Keywords:

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



  • Judgment 4221


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her request for reclassification of her post.

    Consideration 11

    Extract:

    The basic guiding principles in the Tribunal’s case law concerning classification of posts were stated as follows, for example, in Judgment 4000, considerations 7, 8 and 9:
    “7. In Judgment 3589, in which the reclassification of a post was also challenged, the Tribunal stated the following, in consideration 4:
    ‘It is well established that the grounds for reviewing the classification of a post are limited and ordinarily a classification decision would only be set aside if it was taken without authority, had been made in breach of the rules of form or procedure, was based on an error of fact or law, was made having overlooked an essential fact, was tainted with abuse of authority or if a truly mistaken conclusion had been drawn from the facts (see, for example, Judgments 1647, consideration 7, and 1067, consideration 2). This is because the classification of posts involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts and it is not the Tribunal’s role to undertake this process of evaluation (see, for example, Judgment 3294, consideration 8). The grading of posts is a matter within the discretion of the executive head of the organisation (or the person acting on her or his behalf) (see, for example, Judgment 3082, consideration 20).’
    8. As to the main factors that are to be taken into account in a reclassification process, the Tribunal has relevantly stated as follows, in Judgment 3764, consideration 6:
    ‘It is for the competent body and, ultimately, the Director-General to determine each staff member’s grade. Several criteria are used in this exercise. Thus, when a staff member’s duties attach to various grades, only the main ones are taken into account. Moreover, the classification body does not rely solely on the text of the Staff Regulations and Staff Rules and the job description but also considers the abilities and degree of responsibility required by each. In all cases grading a post requires detailed knowledge of the conditions in which the incumbent works.’
    9. The classification of a post involves an evaluation of the nature and extent of the duties and responsibilities of the post based upon the job description. It is not concerned with the merits of the performance of the incumbent (see, for example, Judgment 591, under 2).
    [...].”

    Reference(s)

    ILOAT Judgment(s): 591, 1067, 1647, 3082, 3294, 3589, 3764, 4000

    Keywords:

    discretion; post classification;



  • Judgment 4220


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the rejection of their requests for an agreed separation.

    Consideration 11

    Extract:

    [T]here is no element which leads the Tribunal to question this organizational evaluation of what is in the best interest of the Organization which is within the knowledge and the competence of the executive head (see, for example, Judgments 3858, consideration 12, and 2377, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 2377, 3858

    Keywords:

    discretion; organisation's interest;



  • Judgment 4218


    129th Session, 2020
    ITER International Fusion Energy Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to renew her fixed-term contract.

    Consideration 2

    Extract:

    It is convenient to commence by recalling the approach of the Tribunal to cases in which a complainant challenges a decision not to renew a contract. They were conveniently summarised in Judgment 3586, consideration 6:
    “Firm and consistent precedent has it that an organization enjoys wide discretion in deciding whether or not to extend a fixed-term appointment. The exercise of such discretion is subject to limited review because the Tribunal respects an organization’s freedom to determine its own requirements and the career prospects of staff (see, for example, Judgment 1349, under 11). The Tribunal will not substitute its own assessment for that of the organization. A decision in the exercise of this discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken in breach of a rule of form or procedure; or if it is based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6). These grounds of review are applicable notwithstanding that the Tribunal has consistently stated, in Judgment 3444, under 3, for example, that an employee who is in the service of an international organization on a fixed-term contract does not have a right to the renewal of the contract when it expires and the complainant’s terms of appointment contained a similar provision.”

    Reference(s)

    ILOAT Judgment(s): 1349, 2850, 2861, 3299, 3444, 3586

    Keywords:

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



  • Judgment 4216


    129th Session, 2020
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lawfulness of the decision to cancel a competition procedure in which he took part.

    Considerations 3-4

    Extract:

    The Tribunal has consistently held that the executive head of an international organisation may cancel a competition in the interest of the organisation if, for example, it becomes apparent that the competition will not enable the post concerned to be suitably filled, and the opening of such a procedure does not therefore imply that a candidate will necessarily be appointed to that post (see, for example, Judgments 791, consideration 4, 1771, consideration 4(e), 1982, consideration 5(a), 2075, consideration 3, 3647, consideration 9, and 3920, consideration 18).
    According to the same case law, the decision not to fill a post for which a competition procedure is opened – like any decision to appoint an official in the opposite case that an appointment is made – is a matter for the discretion of the organisation’s executive head and is therefore subject to only limited review by the Tribunal (see, in particular, aforementioned Judgments 791, consideration 4, or 1771, consideration 6). The Tribunal must, however, ascertain whether that decision was taken in breach of applicable rules on competence, form or procedure, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1689, consideration 3, 2060, consideration 4, 2457, consideration 6, 3537, consideration 10, and 3652, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 791, 1689, 1771, 1982, 2060, 2075, 2457, 3537, 3647, 3652, 3920

    Keywords:

    competition cancelled; discretion; organisation's interest;



  • Judgment 4212


    129th Session, 2020
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to terminate his contract at the end of the probation period for unsatisfactory service.

    Considerations 4-5

    Extract:

    [I]t is useful to recall that the purpose of probation is to permit an organization to assess the probationer’s suitability for a position. For this reason, the Tribunal has consistently recognized:
    “[...] that a high degree of deference ought to be accorded to an organisation’s exercise of its discretion regarding decisions concerning probationary matters including the confirmation of appointment, the extensions of a probationary term, and the identification of its own interests and requirements. The Tribunal stated in Judgment 1418, under 6, that a discretionary decision of this kind will only be set aside ‘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’. It also reaffirmed that ‘where the reason for refusal of confirmation is unsatisfactory performance, [it] will not replace the organisation’s assessment with its own.’”
    (Judgment 2646, consideration 5; see also, for example, Judgments 3913, consideration 2, 3844, consideration 4, and 3085, consideration 23).
    As well, an international organization’s obligations regarding a staff member’s probation period are well settled in the case law. For example, in Judgment 3866, consideration 5, the Tribunal observed:
    “In Judgment 2788, consideration 1, the Tribunal identified the applicable principles as follows:
    ‘[I]t is useful to reiterate certain principles governing probation that are of particular relevance to the present case. Its purpose is to provide an organisation with an opportunity to assess an individual’s suitability for a position. In the course of making this assessment, an organisation must establish clear objectives against which performance will be assessed, provide the necessary guidance for the performance of the duties, identify in a timely fashion the unsatisfactory aspects of the performance so that remedial steps may be taken, and give a specific warning that the continued employment is in jeopardy (see Judgment 2529, under 15).’”
    Lastly, as stated in Judgment 3678, consideration 1, a probationer is “entitled to have objectives set in advance so that she or he will know the yardstick by which future performance will be assessed”.

    Reference(s)

    ILOAT Judgment(s): 1418, 2529, 2646, 2788, 3085, 3678, 3844, 3866, 3913

    Keywords:

    discretion; judicial review; probationary period;



  • Judgment 4186


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reject his request for a job grading review.

    Consideration 6

    Extract:

    It is well established in the Tribunal’s case law that the grounds for reviewing the classification of a post are limited and ordinarily a classification decision would only be set aside if it was taken without authority, was made in breach of the rules of form or procedure, was based on an error of fact or law, overlooked an essential fact, was tainted with abuse of authority or if a truly mistaken conclusion was drawn from the facts (see, for example, Judgments 1647, consideration 7, and 1067, consideration 2). Indeed, the classification of posts involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts, and it is not the Tribunal’s role to undertake this process of evaluation (see, for example, Judgment 3294, consideration 8). The grading of posts is a matter within the discretion of the executive head of an international organisation (or of the person acting on his behalf) (see, for example, Judgment 3082, consideration 20).

    Reference(s)

    ILOAT Judgment(s): 1067, 1647, 3082, 3294

    Keywords:

    discretion; judicial review; post classification; reclassification;



  • Judgment 4172


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of his appointment for unsatisfactory performance.

    Consideration 5

    Extract:

    According to consistent case law, “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, or was 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. [...] What is more, 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” (see Judgment 1052, under 4).

    Reference(s)

    ILOAT Judgment(s): 1052

    Keywords:

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



  • Judgment 4170


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance reports for the 2010-2011 biennium and the decisions to defer her within-grade salary increment until 1 February 2012, to withhold that increment on that date and to not renew her fixed-term appointment for unsatisfactory service.

    Consideration 9

    Extract:

    The Tribunal has consistently held that international organisations have wide discretion in taking decisions concerning staff performance appraisal and whether to renew a fixed-term appointment. Such decisions are therefore subject to only limited review by the Tribunal, which will interfere only if a decision was taken in breach of applicable rules on competence, form or procedure, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1583, consideration 2, 3039, consideration 7, 4010, consideration 5, and 4062, consideration 6, and the case law cited therein).

    Reference(s)

    ILOAT Judgment(s): 1583, 3039, 4010, 4062

    Keywords:

    discretion; performance evaluation;



  • Judgment 4169


    128th Session, 2019
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges her performance report for the 2008-2009 biennium and the decision to defer her within-grade salary increment until 1 February 2011.

    Consideration 7

    Extract:

    The Tribunal has consistently held that international organisations have wide discretion in taking decisions concerning staff performance appraisal. Such decisions are therefore subject to only limited review by the Tribunal, which will interfere only if a decision was taken in breach of applicable rules on competence, form or procedure, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1583, consideration 2, 3039, consideration 7, or 4010, consideration 5).

    Reference(s)

    ILOAT Judgment(s): 1583, 3039, 4010

    Keywords:

    discretion; performance evaluation;



  • Judgment 4146


    128th Session, 2019
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions not to grant him a contract of indefinite duration and not to extend his fixed-term contract beyond nine years of service.

    Consideration 3

    Extract:

    The case law of the Tribunal states that 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. Although the exercise of such discretion is not unfettered, it is subject to only limited review, as the Tribunal will respect the organisation’s freedom to determine its own requirements. Accordingly, the Tribunal will only set aside such decisions if they were taken without authority or in breach of a rule of form or of procedure, or if they rested on an error of fact or of 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 (see, for example, Judgment 3772, under 5).

    Reference(s)

    ILOAT Judgment(s): 3772

    Keywords:

    discretion; fixed-term; non-renewal of contract; permanent appointment;



  • Judgment 4144


    128th Session, 2019
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to revise the “partly satisfactory” overall rating in his performance evaluation report.

    Consideration 10

    Extract:

    Finally, the Tribunal deals with the plea under (h) according to which the complainant’s 2016 PER was flawed as he did not have a specific job description on the basis of which his performance could be assessed, as provided for in Staff Rule 105.1. The Tribunal acknowledges that the Organization should have a specific job description for each post and that the performance should be evaluated on the basis of the duties and responsibilities as set forth in the job description, but it also notes that a general job classification standard, approved by the Director-General, exists. Indeed, Staff Rule 107.3 provides that “[t]he duties and responsibilities of each post in grades 1-12 inclusive shall be evaluated on the basis of job classification standards approved by the Director-General”. The complainant’s 2016 performance was evaluated based on the job classification standard for his post and grade and on the work objectives indicated by the supervisor. Moreover his underperformance, relating mostly to his interactions with his colleagues and supervisors, was not linked to the performance of specific duties and responsibilities. Accordingly, the JAB’s finding that the absence of a comprehensive job description and/or specific benchmarks in this case does not constitute a procedural flaw affecting the lawfulness of the 2016 PER is correct.

    Keywords:

    discretion; judicial review; limits; post classification;



  • Judgment 4139


    128th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term contract as a result of her post having been abolished.

    Consideration 2

    Extract:

    The Tribunal has consistently held that a decision concerning the restructuring of an international organization’s services, including one involving the abolition of a post, lies at the discretion of the executive head of the organization and is therefore subject to only limited review. The Tribunal must verify whether this decision was taken in accordance with the rules on competence, form or procedure, whether it involves an error of fact or of law, whether it constituted misuse of authority, whether it failed to take account of material facts or whether it draws clearly incorrect conclusions from the evidence (see, for example, Judgments 1131, consideration 5, 2510, consideration 10, 2933, consideration 10, 3582, consideration 6, or 4099, consideration 3).

    Reference(s)

    ILOAT Judgment(s): 1131, 2510, 2933, 3582, 4099

    Keywords:

    discretion; judicial review; reorganisation;



  • Judgment 4102


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the ILO’s failure to take a final decision on her job grading appeal and the failure to grant her a contract without limit of time.

    Consideration 7

    Extract:

    [T]he Tribunal cannot order the Organization to reclassify the complainant’s post since this is a discretionary decision to be made by the Organization.

    Keywords:

    competence of tribunal; discretion; post classification;



  • Judgment 4101


    127th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who alleges that he was subjected to moral harassment, challenges the refusal to extend his special leave without pay and to grant him certain accommodations with regard to his working arrangements.

    Consideration 8

    Extract:

    According to the case law of the Tribunal, a decision on a request for special leave is discretionary (see, for example, Judgment 2262, consideration 2). Considering the discretion afforded to international organizations to take such decisions, such a decision is subject to only limited review and can be set aside only if it has been taken without authority or in breach of the rules of form or procedure, if it is based on an error of fact or law or has overlooked essential facts, if clearly mistaken conclusions have been drawn from the facts or if there is an abuse of authority (see Judgements 1929, consideration 5, and 2619, consideration 5). In this case, the Director did not exceed the limits of her discretionary authority, which the Tribunal must respect in exercising its limited power of review over such matters.

    Reference(s)

    ILOAT Judgment(s): 1929, 2262, 2619

    Keywords:

    discretion; judicial review; limits; special leave;

    Consideration 9

    Extract:

    According to the Tribunal’s case law, the decision to grant special leave must be taken on a case-by-case basis. It is not possible to assume that, because special leave has been granted to one staff member, it must be granted to another, unless the two cases are identical in fact and in law. Discrimination cannot be established unless it is proved that staff members in identical situations were treated differently (see Judgment 2619, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 2619

    Keywords:

    discretion; discrimination; equal treatment; special leave;



  • Judgment 4099


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to abolish her position.

    Consideration 3

    Extract:

    According to the Tribunal’s case law, a decision concerning the restructuring of an international organization’s services, including one concerned with the abolition of a position, lies at the discretion of the organization’s executive head and is therefore subject to only limited review. The Tribunal must verify whether this decision was taken in accordance with the rules on competence, form or procedure, whether it involves an error of fact or of law, whether it constituted misuse of authority, whether it failed to take account of material facts or whether it draws clearly incorrect conclusions from the evidence. However, it cannot supplant the organization’s appraisal with its own (see, for example, Judgments 1131, consideration 5, 2510, consideration 10, 2933, consideration 10, and 3582, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 1131, 2510, 2933, 3582

    Keywords:

    abolition of post; discretion; judicial review; reorganisation;



  • Judgment 4097


    127th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decisions to end her participation in the reassignment process and to terminate her fixed-term appointment further to the abolition of her post.

    Consideration 13

    Extract:

    The Tribunal is satisfied that the decision not to extend the complainant’s reassignment period was flawed. It is not a question of whether it was likely or not that the complainant would be placed in a position emerging from the reorganization. The power to extend a reassignment period is a discretionary power but it is not unfettered. It must be exercised having regard to the principles developed by the Tribunal. An organization that is endeavouring to reassign a staff member whose position has been abolished is obliged to do all that it can to find another position. It has been stated in one judgment of the Tribunal that the organization must do “its utmost” to find another position (see Judgment 3754, consideration 16, citing Judgment 2830, consideration 9). Indeed, the Tribunal has said that it is incumbent on the organization to prove that the affected staff member was not able to remain in the organization’s service (see Judgment 2830, consideration 9). These concepts are comprehended by the expression “reasonable efforts” in Staff Rule 1050.2. Even if it was only remotely possible, in the circumstances of a case such as the present when the reorganization was incomplete, that the reorganization might create a position to which the complainant could have been appointed, the complainant was entitled to the benefit of an extension of the reassignment period, as proposed by the RRC or for an even longer period.

    Keywords:

    abolition of post; discretion; organisation's duties; reassignment;



  • Judgment 4089


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend her appointment beyond the statutory retirement age.

    Consideration 7

    Extract:

    [I]t was open to the Director General to view the complainant’s conduct giving rise to and the subsequent conduct in relation to the judgment debt as falling short of the standards demanded of international civil servants. Accordingly, and subject to the various legal arguments of the complainant, it was open to the Director General to conclude it was not in the interests of the Agency to extend the complainant’s appointment beyond the mandatory retirement age.

    Keywords:

    age limit; conduct; discretion; extension beyond retirement age; organisation's interest; retirement; staff member's duties;

    Consideration 8

    Extract:

    [T]he Tribunal has said of the power to extend an appointment beyond retirement age (in relation to the IAEA) that “the decision whether or not to grant [such] an extension to any particular staff member is peculiarly a matter for the exercise of the Director General’s discretion. The Tribunal will only interfere with such exercise on very limited grounds” (see Judgment 2377, consideration 4) and, in the context of another organisation, that “[s]ince the career of a member of staff normally ends automatically when that person reaches retirement age, any such prolongation is, by definition, an exceptional measure” (see Judgment 3285, consideration 9).

    Reference(s)

    ILOAT Judgment(s): 2377, 3285

    Keywords:

    age limit; competence of tribunal; discretion; executive head; extension beyond retirement age; judicial review; retirement;

    Consideration 16

    Extract:

    [T]he case law of the Tribunal establishes that “[e]ven though colleagues of the complainant’s thought him suitable and recommended extending his appointment, the decision was not theirs to make” (see Judgment 1038, consideration 4). While those observations concerned the extension of an appointment (without an impending retirement), they are apt to apply in a case such as the present.

    Reference(s)

    ILOAT Judgment(s): 1038

    Keywords:

    age limit; analogy; discretion; extension beyond retirement age; retirement;

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 | next >


 
Last updated: 14.10.2021 ^ top