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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 395


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant, who held grade P.4, was appointed to a post for which he was to be paid a special post allowance corresponding to step 3 of grade P.5. He claimed promotion by direct selection to this grade. The decisions of the Director-General concerning his assignment and remuneration are not open to challenge. It appears from the provision respecting P.5 posts that "the Director-General enjoys discretionary authority and is free, but not obliged, to make an appointment by direct selection." The decision is not tainted with any of the flaws which entitle the Tribunal to interfere.

    Keywords:

    discretion; judicial review; promotion; special post allowance;



  • Judgment 389


    43rd Session, 1980
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    On several occasions the complainant was criticised for his inability to carry out his duties [too academic, lack of practical sense, insufficient knowledge of language of communication]. His transfer was requested. "Since those criticisms were made by the complainant's immediate supervisors [...] they demanded attention. [...] It was open to the Director-General, without exceeding or abusing his discretionary authority, to conclude that it would not be in the [organization's] interests to continue to employ the complainant."

    Keywords:

    discretion; knowledge of languages; organisation's interest; probationary period; qualifications; termination of employment; unsatisfactory service;



  • Judgment 378


    42nd Session, 1979
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    According to the applicable provisions, the Director-General is entitled to abolish posts, with due respect for given criteria. The Director-General had to abolish posts and did not disregard the material criteria. The organisation was under no duty to take extraordinary temporary measures; the provisions in force in other organisations are not relevant. The dismissal was therefore valid.

    Keywords:

    abolition of post; discretion; organisation's duties; termination of employment;



  • Judgment 375


    42nd Session, 1979
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "The question whether a staff member is incapacitated from work is [...] a matter of judgment. The Tribunal will not substitute its judgment for that of the Director or of the expert advisers on whom he relies: it will intervene only if on the evidence the judgment appears to it to be wholly unreasonable or based on clearly mistaken conclusions."

    Keywords:

    discretion; incapacity; judicial review; medical fitness;



  • Judgment 370


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The decision not to promote the complainant is a matter of discretion. In this case, the Tribunal notes that the Director-General did not abuse his discretionary authority. "Moreover, the effects of the decision not to promote the complainant derive from the relevant rules. However detrimental the complainant may find them, they afford no reason for promoting him."

    Keywords:

    discretion; enforcement; judicial review; promotion; provision; staff regulations and rules;



  • Judgment 367


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant alleges prejudice and failure to take full account of the facts. "Since the existence of either ground would justify the interference by the Tribunal with a discretionary decision, it is convenient to consider the case as it is presented on these two grounds. [...] Failure to take full account of the facts is the wider ground [...]."

    Keywords:

    bias; discretion; disregard of essential fact; judicial review; transfer;



  • Judgment 363


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "'May' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgement to the questions. [...] But the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [At issue is a provision permitting the extension of installation-allowance payments.]

    Keywords:

    condition; discretion; extension of contract; installation allowance; limits; period;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 39

    Extract:

    To be rehabilitated the complainant would have had to be given a post with responsibilities at least equal to those which he had at the time of the events. "This is not necessarily to question the validity of the Director-General's decision [...]. The Director-General must exercise his power of appointment to pick the right man and would normally be precluded from using it as a way of making amends." But if he had been able to offer the complainant a distinct promotion, thus demonstrating his confidence in him, some of the prejudice complained of would have been removed.

    Keywords:

    assignment; discretion; professional injury;



  • Judgment 358


    41st Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "A decision by the Director [...] to extend a staff member's appointment beyond the age limit set in the Staff Regulations is purely discretionary" and the Tribunal may interfere with such a decision only in exceptional circumstances set out in the case law.

    Keywords:

    age limit; contract; discretion; extension beyond retirement age; judicial review; retirement;

    Considerations

    Extract:

    "Although the Director is empowered to extend a staff member's appointment to the age of 65, he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of the [organisation], not in the exclusive interests of the staff member. In deciding on the complainant's case he would have to bear in mind the possibility that the complainant might obtain a pension, but that was only one fact to be taken into account among others."

    Keywords:

    age limit; contract; contributory service; discretion; extension beyond retirement age; organisation's interest; pension; retirement; staff member's interest;



  • Judgment 354


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    It appears from the applicable rule "that it is within the Director-General's discretionary authority to decide whether or not to renew a fixed-term appointment. Because that authority is discretionary, [the person concerned] has no right to extension of appointment, and where it is not extended the tribunal's power of review is limited. The Tribunal may interfere with the Director-General's exercise of his discretionary authority only if the decision not to extend [...]."

    Keywords:

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



  • Judgment 352


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "In exercising his authority the Director-General is not bound by the recommendations of the advisory bodies. He is indeed quite free to determine the general assessment in the light of the whole file and even to alter the assessments agreed on by the official's own supervisors. The bodies which advise the Director-General therefore enjoy just as much freedom as he to assess the official's performance. [...] It is therefore open to them, if they wish, to dissent from an opinion shared by [the supervisors]."

    Keywords:

    advisory body; advisory opinion; binding character; discretion; executive head; performance report; rating; supervisor; work appraisal;

    Consideration 3

    Extract:

    "The impugned decision, which relates to the assessment of an official's performance, is of a discretionary nature. Hence the Tribunal may quash it only if [...]."

    Keywords:

    discretion; judicial review; rating; work appraisal;



  • Judgment 351


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    There is no evidence that the dismissal in question was based on reasons extraneous to the interests of the organization or was tainted with abuse of authority. The organization maintains that the measure was due solely to the savings which it must now make. "The Tribunal may neither pass judgment on a policy which falls within the sole competence of the [organization] nor review action taken in pursuance of that policy."

    Keywords:

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



  • Judgment 349


    40th Session, 1978
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    The complainant's attitude and expressions were interpreted as showing a degree of disrespect to his direct superior, who had not however made any rebuke on earlier occasions and who found himself as negotiator in confrontation with the complainant in meetings on working conditions. "[T]he Tribunal concludes that any offence that was given did not deserve more than a reprimand." The selection of the appropriate penalty is a discretionary one, but this discretion must be exercised subject to the principle of proportionality. "[T]he penalty of summary dismissal was out of proportion to any offence committed."

    Keywords:

    conduct; disciplinary measure; discretion; insubordination; misconduct; proportionality; summary dismissal; termination of employment;



  • Judgment 347


    40th Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The decision, which concerns a condition of the complainant's promotion, is a discretionary one. Hence the Tribunal may quash it only if [...]. For the Tribunal "to have a wider power of review, the Director-General would, before he decided on promotions, have had to adopt rules or criteria of which the staff were duly informed."

    Keywords:

    discretion; judicial review; promotion;



  • Judgment 337


    40th Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The extension of fixed-term appointments is a matter which falls within the Director-General's discretionary authority and the Tribunal may interfere with his decision only in specific and limited circumstances."

    Keywords:

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

    Considerations

    Extract:

    By the extension of his contract, "the complainant was actually given five months' notice and there is nothing in [the Regulations] which required the administration to tell him the reasons for not renewing his appointment, provided the reasons were not tainted with any of the flaws which enable the Tribunal to interfere".

    Keywords:

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



  • Judgment 335


    40th Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    According to the regulations, by special decision and in exceptional circumstances, the place of origin of a staff member may be altered while the staff member is in service to the organisation. "The provisions do not specify the circumstances which warrant a change in the place of origin and they leave the matter to the discretion of the competent authority." Limited power of review by the Tribunal.

    Keywords:

    amendment to the rules; discretion; exception; home; judicial review; place of origin;



  • Judgment 330


    39th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    In the present case "the Tribunal has no grounds for broadening the scope of its customary power to review decisions on promotion. Indeed, the [relevant provision] states that promotion is a matter of choice and so qualifies it as a discretionary decision - in other words, one over which the Tribunal may exercise only a limited power of review."

    Keywords:

    discretion; judicial review; promotion;

    Consideration 3

    Extract:

    The Administrative Council's declaration which the complainant cites is a document that "does not have the force of a rule but merely affords guidance." And although the "general principles" approved by the Administrative Council "give [the Director-General] guidance [...] they also respect his discretionary authority and the Tribunal must acknowledge that by not going beyond the scope of its minimum power of review".

    Keywords:

    administrative instruction; binding character; discretion; executive body; executive head; judicial review;



  • Judgment 326


    39th Session, 1977
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal has no power to interfere with [a decision to make an appointment] except upon limited grounds such as alleged irregularities of procedure". In the present case, "since these allegations have not been made out, the decision of the Director-General must stand."

    Keywords:

    appointment; competition; discretion; judicial review;



  • Judgment 324


    39th Session, 1977
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The impugned decision was a refusal to renew the complainant's contract. "That is a decision of a discretionary nature and one which the Tribunal may quash only if [...]."

    Keywords:

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



  • Judgment 323


    39th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Bearing in mind that the salary scales are established in consultation and on the basis of [certain] guiding principles, it is [the Director-General's] duty in making revisions to have regard to the guiding principles. Subject to this, his power to fix salary scales under [the applicable provision] is a discretionary one."

    Keywords:

    amendment to the rules; discretion; organisation's duties; salary; scale;

    Consideration 21

    Extract:

    "Many of the obligations put upon the organization by the [Staff] Regulations are in general terms, leaving the organization free to choose its own method of discharging them. [...] Once it is settled, [the method] becomes, until it is altered, part of the obligation. [...] Until [a] change is made, an official is entitled to have the obligation discharged in the manner selected by the organization itself [...]."

    Keywords:

    amendment to the rules; discretion; enforcement; organisation's duties; practice; staff regulations and rules;

    Consideration 20

    Extract:

    Under the applicable provision, the Director-General is required "to fix [general service] salary scales on the basis of the best prevailing conditions. This is an obligation of a very general character and the Director-General has a very wide discretion as to how he will carry it out."

    Keywords:

    discretion; flemming principle; general service category; organisation's duties; salary; scale;

    Consideration 26

    Extract:

    "The conception of a legislative enactment, insofar as it applies to matters within the jurisdiction of the Tribunal, means the power to alter unilaterally by general enactment the relationship created by the contract. The Tribunal has recognised this power to the extent that it may affect those terms of the contract which appertain to the structure and functioning of the international civil service and to benefits of an impersonal nature and subject to variation, but not the the extent to which it purports to affect the individual terms and conditions of an official in consideration of which he accepted appointment."

    Keywords:

    acquired right; amendment to the rules; contract; discretion; judicial review; legislative body; limits; staff regulations and rules;

    Consideration 29

    Extract:

    "[T]he comparison of wage rates, especially when they include fringe benefits, is a difficult task, which may often involve delicate choice between several solutions of almost equal merit. [...] The text to be interpreted is a set of principles and not of precise requirements. Where it is alleged that the Director-General has made an error of law in their interpretation, the Tribunal will consider the text broadly and will be careful not to put the Director-General's discretion into a legal straitjacket."

    Keywords:

    discretion; fringe benefits; interpretation; judicial review; rate; salary;

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Last updated: 14.10.2021 ^ top