Discretion (547, 548, 549, 550, 551,-666)
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Keywords: Discretion
Total judgments found: 599
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Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
On the matter of renewal, the Director-General has wide discretion, while the Tribunal's power of review is limited. "This relates to questions of substance, but not procedural rules, which are never applicable at discretion. To rule otherwise would increase the risk of dispute. To avoid being time-barred staff members would make a practice of filing claims, although very often the cumbersomeness of administration is wholly to blame for the tardy decision."
Keywords:
contract; discretion; fixed-term; judicial review; limits; non-renewal of contract; procedure before the tribunal;
Judgment 606
52nd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a recommendation by the Appeals Committee, the Director-General ordered a desk audit on the qualifications for the complainant's duties. The results were submitted to the committee responsible for post classifications, which advised that the post should not be reclassified. Determining the grade of a post is a matter falling within the discretion of the administration. Its conclusions can only be set aside on certain grounds, none of which have been established by the complainant in respect of the impugned decision.
Keywords:
discretion; inquiry; investigation; judicial review; post classification;
Considerations
Extract:
"There are no rigid rules for determining whether a post properly belongs to the professional or the general service categories. It depends upon the presence or absence of factors which only the expert, or at least the knowledgeable knows how to weigh. It is a question to be decided by experience rather than by rule. Those who conduct the desk audit have the necessary experience. The final decision falls within the discretion of the Director-General".
Keywords:
criteria; discretion; general service category; post classification; professional category;
Judgment 600
52nd Session, 1984
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The question is [...] whether [the complainant] continues to be worth his place in the organisation. If he does, it is prima facie in the interests of the organisation to retain his services; if he does not, it is the Director-General's duty to allow the appointment to terminate. The Director-General must reach an informed and unprejudiced conclusion, but that is all that is required of him."
Keywords:
contract; discretion; fixed-term; limits; non-renewal of contract; organisation's interest; right to reply;
Judgment 599
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
In this case "the criticisms are carefully and moderately phrased. Whether or not they are justified, it is not suggested that they do not express the honest opinion of the reporting officer." The decision to retain the report's original wording is "within the President's discretion and moreover within an area of his discretion in which the Tribunal does not normally entertain complaints. It is essential to the value of an appraisal report that the reporter should be granted great freedom of expression."
Keywords:
discretion; judicial review; performance report; work appraisal;
Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
By assimilating military and technical co-operation, the President erred in law. "The error of law does not mean that the Tribunal gives the complainant full satisfaction. Not every form of co-operation service necessarily has to count. Subject to review by the Tribunal, the President is free to exercise his discretion, having regard to the [relevant] guidelines."
Keywords:
cooperation service; discretion; professional experience; reckoning; seniority;
Consideration 1
Extract:
"Where the guidelines properly modify the requirements of the Service Regulations they confer on the President an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] The wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] They set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the President's discretionary authority, the Tribunal will review the application of the rules the Council has laid down."
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 598, consideration 6.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
cooperation service; discretion; professional experience; reckoning; seniority;
Consideration 1
Extract:
Vide Judgment 598, consideration 1.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
Summary
Extract:
The Tribunal holds that the criticisms in the report on the complainant suffer from no errors which could justify changing them. Reporters enjoy considerable freedom of expression, and that freedom was not in this case overstepped.
Keywords:
discretion; performance report;
Judgment 594
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The extent of the duties and the nature of the responsibilities attached to a post are questions of fact. These facts were the subject of investigation and assessment [...] after interviews with the complainant and after consultation with the regional administration and the technical staff at headquarters. The Tribunal will not substitute its own assessment or direct that a new assessment be made unless it is shown that the [organisation] acted on some wrong principle."
Keywords:
discretion; inquiry; investigation; judicial review; post classification;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"An organisation may not get rid of a [fixed-term] staff member as it pleases, and without stating reasons, when the period of his appointment expires. It must take care that its decision suffers from none of the defects which entitle the Tribunal to set it aside."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract;
Consideration 4
Extract:
"The case law is that whether or not to extend an appointment is a matter of discretion. The Tribunal may exercise only a limited power of review over such a decision".
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 591
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The classification of a post depends upon an assessment of the type of work performed and the level of responsibility. It is an assessment which can only be made by persons whose training and experience equip them for the task of evaluating and grading posts. The Tribunal, therefore, will not substitute its own assessment or direct that a new assessment be made unless it is shown that the organization acted in the matter on a wrong principle."
Keywords:
discretion; judicial review; limits; post classification;
Judgment 585
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A decision against a change in grading is a discretionary one, and according to its case law the Tribunal will quash such a decision only if [...]".
Keywords:
discretion; judicial review; post classification;
Judgment 572
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"While [the system] gives the President a discretionary power [with respect to the calculation of seniority], it is not disputed that the rules themselves and the decisions made thereunder must conform with the principle of equality of treatment."
Keywords:
discretion; equal treatment; limits; professional experience; reckoning; seniority; step;
Judgment 571
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is not for the Tribunal to interpret the text of the guideline. The [Staff] Regulation leaves it to the discretion of the President to determine the number of years [of professional experience] so long as he has regard to the guideline. [...] He is entitled to have regard to the fact that the interpretation [put on it], whether right or wrong, has been applied consistently since the first staff were recruited and it cannot now be changed without causing injustice."
Keywords:
administrative instruction; competence; competence of tribunal; discretion; executive head; interpretation; practice; professional experience;
Judgment 565
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(B)
Extract:
The complainant's claim "is for rating his performance, not 'fully satisfactory', but 'outstanding'. The Tribunal cannot make any general assessment of performance and this is a matter outside its own competence and exclusively within the ILO's."
Keywords:
competence of tribunal; discretion; work appraisal;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Endorsing the result of a competition held to fill a new post is a discretionary decision and is subject only to limited review by the Tribunal. "In this instance the Tribunal will exercise its power with especial caution, its function being not to judge the candidates on merit but to allow the Selection Board and the Director-General full responsibility for their choice."
Keywords:
appointment; candidate; competition; discretion; judicial review;
Judgment 551
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Promotion is a matter within the discretion of the President and Administrative Council and the staff member has no right or expectation that the rules or policy applicable at the date of his contract will remain unchanged."
Keywords:
acquired right; amendment to the rules; discretion; promotion; provision; staff regulations and rules;
Judgment 544
50th Session, 1983
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organization "is disregarding the restrictions on the Director-General's authority. It believes that the Director-General need provide no justification for not extending a fixed-term appointment. Not only did it fail to inform the complainant, at least in writing, of the reasons for the decision but it has said nothing whatever about them in the course of the present proceedings. In short, it acts as if the Director-General were free from any review of the exercise of his authority. It is not so. The non-renewal was therefore tainted with a mistake of law and should be quashed."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; judicial review; non-renewal of contract;
Judgment 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Following two previous judgments [Nos. 375 and 392], "the complainant [found herself] in the position of a person holding an appointment without a post. She was therefore entitled to demand to be assigned to a suitable post and put back on the payroll. This would not exclude a fresh assignment to Brasilia, the Tribunal having in Judgment No. 375 rejected the complainant's objections to that post. Whether or not the incumbent in Brasilia was there on a temporary basis, it was open to the Director to create a vacancy there and assign the complainant to it. However, the complainant did not take the initiative in this respect."
Reference(s)
ILOAT Judgment(s): 375, 392
Keywords:
assignment; complainant; discretion; execution of judgment; judgment of the tribunal; refusal;
Consideration 5
Extract:
"There are [...] some well established limits to this obligation. Whatever the place of assignment, the post must be one as to which the duties of the post are set out in a post description, are within the capacity of the staff member and are not degrading. A staff member is not obliged to go to a place where she might have to run unacceptable risks of injury or ill health. in certain circumstances it may be the duty of the organization to consult with the staff member and take her views into account." Subject to limitations of this character, the matter falls under the Director's discretionary authority.
Keywords:
assignment; discretion; duty station; duty to inform; limits; post description; special hazard;
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 1 and 3
Extract:
A staff rule stipulates that "the general method of filling vacancies is to hold a competition, and reassignment without promotion in the interest of the [organization] is an exception. [...] Whether a post should, in the interest of the Bureau, be filled without holding a competition is a matter of discretion".
Keywords:
competition; discretion; exception; organisation's duties; organisation's interest; transfer; vacancy;
Judgment 534
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
In case of financial difficulties, transfers must be considered to keep down the number of dismissals. Staff Regulations and the terms of individual staff members' contracts limit the discretion of the Director-General. "The executive head may not of his own accord alter the staff member's grade, reduce his salary or injure his dignity."
Keywords:
budgetary reasons; discretion; transfer;
Consideration 3
Extract:
The complainant alleges that there were several vacancies at the time of his transfer, but his contention is not borne out by the evidence. "Even supposing the Director-General could have found him some other assignment - though that is not established - the decision would have been made in the exercise of discretionary authority."
Keywords:
assignment; discretion; transfer;
Consideration 2
Extract:
Transfer, without change in his terms of employment to a new linguistic unit. "He will indeed never be a professional translator. Yet it was reasonable for the Director-General to expect him to be able to do worthwhile work in his new assignment. It was in the Director-General's discretion to make the transfer, and the decision was neither detrimental to the complainant's dignity nor in breach of his rights under the terms of his appointment."
Keywords:
assignment; discretion; organisation's duties; transfer;
Consideration 1
Extract:
"The head of an international organisation is responsible for the sound administration of its secretariat. For the purpose he is vested with executive authority to assign staff to different posts, with due regard to their particular qualifications, so as to maintain the highest possible standards of efficiency."
Keywords:
assignment; discretion; organisation's interest;
Judgment 529
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The assessment of the type of work performed and the level of responsibility is necessarily a value judgement, which can only be done by persons whose training and experience equip them for the task of evaluating and grading posts. The Tribunal, therefore, will not substitute its own assessment or direct that a new assessment be made unless it is shown that the organization acted in the matter on some wrong principle. The Tribunal does not review a decision of this sort unless [...]."
Keywords:
discretion; judicial review; post classification;
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