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

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Keywords: Discretion
Total judgments found: 575

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  • 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;



  • Judgment 892


    64th Session, 1988
    International Office of Epizootics
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Since the assessments of her varied, the Director General was free, in exercising his discretion in the Office's interest, to take account only of the factors that he thought ruled out renewal."

    Keywords:

    contract; different appraisals; discretion; executive head; fixed-term; non-renewal of contract; unsatisfactory service; work appraisal;



  • Judgment 890


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal may review the lawfulness of a decision by the appointing authority to extend probation. But because of the nature of the decision the Tribunal will, short of finding a formal or procedural flaw - which it does not in this case - exercise only limited review. [In such matters] the competent authority [is] allowed wide discretion".

    Keywords:

    competence of tribunal; discretion; extension of contract; judicial review; probationary period;



  • Judgment 884


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "An official has no right to promotion simply because he has the minimum seniority required for it. Seniority is not the only criterion for promotion and the President has discretion in the matter."

    Keywords:

    condition; discretion; promotion; seniority;



  • Judgment 883


    64th Session, 1988
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Provided the correct procedure is followed, the Director has wide discretion in determining transfers of professional category staff."

    Keywords:

    discretion; transfer;

    Consideration 3

    Extract:

    The Director of an organisation has wide discretion in determining transfers. His discretionary powers are not however unlimited. He must take account of both the organisation's interests and the staff member's particular abilities and interests. But in cases where these differ, the organisation's interests shall carry greater weight.

    Keywords:

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



  • Judgment 880


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The general rating is a synthesis of the marks in the staff member's report and of several imponderables that also count in giving a fair opinion of his services to the organisation."

    Keywords:

    discretion; elements; performance report; work appraisal;

    Consideration 4

    Extract:

    "As the Tribunal has often said, performance reports serve no purpose unless the supervisor has full freedom in commenting on performance. [...] The Tribunal will review the decision only where there has been blatant abuse of authority or breach of a formal or procedural rule".

    Keywords:

    discretion; judicial review; performance report; work appraisal;



  • Judgment 872


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 9-10

    Extract:

    By virtue of Article LS VI 1.08 of the ESO Staff Regulations and Staff Rules "the Director General may appoint a committee which includes local staff members to advise him on specific cases of disputes and appeals." "The power thus given to the Director General is discretionary. He decided in this case that it was not necessary to appoint a committee to advise him; no reasons have been advanced why his decision should be overruled and it therefore stands unchallenged."

    Reference(s)

    Organization rules reference: ARTICLE LS VI 1.08 OF THE ESO STAFF REGULATIONS AND STAFF RULES

    Keywords:

    advisory body; consultation; discretion; internal appeal; internal appeals body; organisation's duties; procedure before the tribunal;



  • Judgment 857


    63rd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal observes that the non-renewal of the complainant's appointment was not tainted by any fatal flaw. The decision was taken by the Director-General at his discretion and was founded on inadequacies in the complainant's work and on the needs of the organization.

    Keywords:

    contract; discretion; fixed-term; non-renewal of contract; organisation's interest; unsatisfactory service;



  • Judgment 856


    63rd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "All that Unesco's rules say on the matter is that the holder of an indeterminate appointment, like the complainant, may resign by giving three months' notice and that the Director-General may, at his discretion, accept resignation at shorter notice."

    Keywords:

    discretion; executive head; notice; resignation;



  • Judgment 849


    63rd Session, 1987
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The case law of the Tribunal supports the principle that when the Director General is granted authority not to renew a fixed-term appointment, and to do so without notice or indemnity, his power is discretionary and is subject to the implied condition that his authority must be exercised only for the good of the service and in the interests of the organization. The Tribunal has held that a decision not to renew a fixed-term contract taken in the exercise of this discretion is subject to review, but the consistent case law is that the Tribunal will interfere with the decision only if it was taken without authority, [...]".

    Keywords:

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



  • Judgment 824


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal may not replace with its own the Director-General's assessment of a staff member's conduct, work and qualifications. All it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."

    Keywords:

    appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;



  • Judgment 820


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Only in exceptional circumstances - such as it found in Judgment 182 - will the Tribunal have comments struck out of a performance report, because the exercise of discretion demands broad freedom of speech."

    Reference(s)

    ILOAT Judgment(s): 182

    Keywords:

    application for quashing; competence of tribunal; discretion; judicial review; performance report; work appraisal;



  • Judgment 818


    62nd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Tribunal will [...] consider [...] whether the purpose or even the mere effect of the rule is to put some members of the staff at a severe disadvantage. If the new method of reckoning seniority did have that effect the Tribunal would have to see whether it was warranted by broader considerations, the organisation being allowed a large degree of discretion in the matter."

    Keywords:

    amendment to the rules; discretion; equal treatment; judicial review; professional experience; provision; reckoning; seniority; staff regulations and rules;



  • Judgment 810


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "An executive has wide discretion in assigning staff in the organization's interest. But his authority is not absolute and the lawfulness of his decision is subject to review, albeit limited review because the Tribunal may not meddle in the actual running of the organization."

    Keywords:

    assignment; discretion; judicial review;

    Consideration 10

    Extract:

    The Tribunal refers the complainant back to the organization for retroactive restoration of his status as an official. "Yhe Director-General will exercise his discretion in executing this judgment. The Tribunal may not give directions but trusts that the matter will be looked into, after consultation with the complainant, in an attempt to reach a settlement."

    Keywords:

    competence of tribunal; discretion; execution of judgment; judgment of the tribunal; reconstruction of career;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "The Director-General's authority is not absolute and quite plainly he failed in this case to pay due regard to the complainant's qualifications and experience in picking P.5 posts."

    Keywords:

    assignment; degree; discretion; disregard of essential fact; executive head; grade; limits; professional experience; qualifications;



  • Judgment 808


    61st Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    "The Director-General may assign the staff as the organisation's interests require provided he respects their grades and the grading structure."

    Keywords:

    assignment; discretion; limits; organisation's interest; transfer;



  • Judgment 767


    59th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Article 11.6 does give the Director-General authority to decide whether or not to propose termination. But the authority is not unqualified. The exercise of it is subject to review by the Tribunal, which will determine whether the decision was taken without authority, [...]."

    Reference(s)

    Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS

    Keywords:

    discretion; judicial review;

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Last updated: 27.09.2022 ^ top