Discretion (547, 548, 549, 550, 551,-666)
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Keywords: Discretion
Total judgments found: 609
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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;
Judgment 525
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
As inferred from the wording of the rule, review is clearly an exceptional measure. Review takes place only after a special decision by the President of the Office on a reasoned request by the staff member. The President has discretion in this matter.
Keywords:
amendment to the rules; discretion; exception; home;
Judgment 516
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although different views had been expressed about the complainant's professional qualifications, his performance reports and appraisals of his work, it is for the Director-General to take account of such questions, and the Tribunal will not replace the administration's assessment with its own insofar as that assessment is not flawed. The Tribunal may, it is true, determine whether the performance reports have been properly established, but it may not freely pass judgment on the supervisor's evaluations."
Keywords:
different appraisals; discretion; judicial review; work appraisal;
Considerations
Extract:
"The complainant was an honourable and useful official and committed no misconduct. Moreover, the non-renewal was a personal decision taken by the Director-General at his discretion. The same compassionate reasons which warranted retroactive extension of the appointment to 31 July [...] may therefore justify a further and final retroactive extension to 29 August [*] [...] Be that as it may, it is not a matter for the Tribunal to decide."
[*] date based on a medical certificate.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract; sick leave;
Summary
Extract:
The Tribunal is limited in the extent to which it can assess the legality of a decision not to grant the renewal of a contract. The Tribunal finds none of the defects which it would have competence to redress. There was no abuse of authority, and no essential facts were overlooked; nor were clearly mistaken conclusions drawn from the evidence. The Tribunal noted that a further extension of the appointment for compassionate reasons could be justifiable, but the Tribunal did not take a stand on the matter.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The Director-General enjoys discretion in the matter, but the Tribunal is still competent to determine whether all the information set out in [the material article] has been supplied. In this case it has not. [...] The certificate should [therefore] be cancelled so that the Director-General may, if the complainant so requests, provide a new and complete one."
Keywords:
certificate of service; discretion; formal requirements; judicial review;
Judgment 503
48th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Under [the applicable rule] and the general principles of international public service the purpose of probation is to discover whether the official has the qualities which warrant keeping him on the staff. It is for the President to decide, in the light of the evidence before him, whether to dismiss the official or to grant him a permanent appointment."
Keywords:
discretion; international civil service principles; probationary period; purpose; termination of employment;
Consideration 2
Extract:
"The Tribunal is competent to review the lawfulness of a decision by the appointing authority to terminate the probation period. Because of the nature of the decision, however, the Tribunal may merely consider whether - apart from any formal or procedural irregularities - the decision should be quashed because of an error of law or of fact or because essential facts were overlooked or clearly mistaken conclusions drawn from the evidence, or because there was abuse of authority."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal recognises the Director's right to alter the scope of the facilities extended to the staff association. However it reserves the right to set aside any modifications which have not been properly justified. It considers as unjustified the imposition on the staff association of the requirement that communications to be despatched through the organization's facilities should first be submitted to the administration. Furthermore, it considers as a violation of the right to freedom of association the cut in the organization's contribution to the expenses of the association.
Keywords:
amendment to the rules; discontinuance; discretion; facilities; freedom of association; grounds; judicial review; staff union;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is a matter for the Director-General's discretion whether to renew a short-term appointment, and it does not appear from the evidence that his exercise of that discretion was tainted with any abuse of authority." Indeed, the decision not to renew the appointment was a way of giving effect to the organisation's decision whereby national authorities were gradually to take its place in administering the Control Centre located on their territory. It is only reasonable that this change should lead to a steady decline in the number of the staff in the city concerned.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 485
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(B)
Extract:
The rules provide for the reimbursement of travel expenses of officials when, in the view of the director of personnel, such payment is required to recruit them. The Director of personnel cannot exercise this discretion as he pleases. He must "consider in each case whether or not payment was required in order to recruit, and the exercise of his discretion is subject to review by an administrative as well as by a judicial body."
Keywords:
appointment; discretion; limits; refund; travel expenses;
Judgment 484
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(B)
Extract:
Vide Judgment 485, consideration 1(b).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; discretion; limits; refund; travel expenses;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(B)
Extract:
Vide Judgment 485, consideration 1(b).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; discretion; limits; refund; travel expenses;
Judgment 481
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under the Staff Rules, any unauthorised and unjustified absence from duty shall be charged to special leave without pay. "It is for the administration to determine whether or not an official needs permission to be absent from duty and whether to authorise participation in a staff demonstration during working hours." By warning the association that participation in the demonstration set for the next day [to secure recognition of the association] would be treated as unauthorised and unjustified, the Director-General kept within the bounds of his authority.
Keywords:
discretion; enforcement; provision; special leave; staff regulations and rules; staff union; staff union activity; time off; unauthorised absence; unpaid leave;
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