Discretion (547, 548, 549, 550, 551,-666)
You searched for:
Keywords: Discretion
Total judgments found: 599
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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;
Judgment 479
47th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
While the complainant's degree of invalidity was assessed by doctors at 80 per cent, he in fact suffered the total loss of his earning capacity. "It is for the Director-General [...] as provided [under the rules] to assess the degree [of invalidity] on the basis of the medical evidence and as applied to the complainant's normal occupation. The Tribunal considers that the only conclusion on the facts of this case is that the complainant was totally unable to carry on his normal occupation or any equivalent occupation. Accordingly the degree of incapacity should be assessed at 100 per cent."
Keywords:
discretion; executive head; incapacity; invalidity; medical records; rate;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"In view of [the complainant's] supervisors' categorical and unanimous opinion [...] the Director-General did not exceed the limits of his discretion in concluding that the transfer was in the [organisation's] interests and therefore in accordance with [the applicable] provision. [...] The conclusions he drew from the evidence may have been arguable, but they were not clearly mistaken".
Keywords:
advisory opinion; discretion; organisation's interest; supervisor; transfer;
Judgment 475
47th Session, 1982
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant left without herself informing the chief of personnel that she would be absent for an indefinite period. She could have written to the organisation. She protracted her stay without being formally authorised to do so. The Secretary General was therefore right to terminate the contract, in accordance with the applicable provisions. "Considering the complainant's behaviour [...] he did not exceed the limits of his discretion in applying the most severe sanction."
Keywords:
conduct; disciplinary measure; discretion; misconduct; termination of employment; unauthorised absence;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In so far as the Director-General decided not to extend the complainant's appointment by one year he exercised his discretion. But that does not mean that his decision is exempt from review. The Tribunal has consistently held that such a decision may be quashed for breach of a rule of form or of procedure, for a mistake of fact or of law, for failure to take account of essential facts, for misuse of authority, or if clearly mistaken conclusions were drawn from the facts."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 3
Extract:
The Director-General's authority is not absolute. The Director-General seems to regard himself as entirely free to make what decisions he will and to believe "that he need not state the grounds for his decision either to the staff member or to the Tribunal. This view rests on an error of law [...] a decision [...] is in fact subject to review by the Tribunal. Although the Tribunal has only a limited power of review, it will so exercise it that the Director-General does not enjoy the unfettered authority he asserts. In assuming his decisions to be unchallengeable, the Director-General went beyond the limits of his discretionary authority, and this error of law alone affords grounds for allowing the complaint, at least in principle."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; grounds; judicial review; non-renewal of contract;
Judgment 457
46th Session, 1981
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants failed to get a promotion and addressed an appeal within the applicable time limits to the Director. He failed to take a decision on the matter within the sixty-day time, relying on the major criteria for compiling lists of officials for promotion. The final decision fell within the discretionary authority of the Director, who was free to endorse the recommendations of the Promotion Committee, although he was not bound to. There were no grounds for finding an abuse of discretionary authority. Complaint dismissed.
Keywords:
advisory opinion; binding character; discretion; executive head; promotion; promotion board; proposal;
Judgment 455
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant had a fixed-term appointment of two years, including one year's probation. The probationary period was extended with an indication that without substantial improvement the appointment would be terminated. His contract was terminated under a provision "that the Director-General may at any time terminate the appointment of a staff member who is serving a probationary period if in his opinion it would be in the interests of the organization to do so. [...] Where, as in this case, there is ample evidence to support the conclusion that the complainant's work was unsatisfactory [...] it is not open to the Tribunal to reassess the evidence".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;
Judgment 452
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organization's Governing Council decided to consider all general service officials, recruited after a certain date, as local staff and the Tribunal accepts that reinstatement is not the same as recruitment. But the fact that the Director-General could, consistent with the Council's declaration, have continued to reinstate non-local staff does not mean that he is required to do so. He is free to act as he wishes and the Tribunal cannot interfere.
Keywords:
appointment; condition; difference; discretion; general service category; local status; non-local status; reinstatement;
Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under the material provisions, the Organization is not required to give reasons for its decision not to extend an appointment; if he so requests, an official can get an explanation from his supervisor. "The Tribunal may, however, exercise the power of review which it assumes in such cases only in the light of the grounds given for the decision to terminate the appointment, and if those grounds are not clear from the actual decision will seek to determine them from the other written evidence."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Consideration 8(a)
Extract:
In deciding not to renew her appointment without taking account of the various elements in the complainant's favour and by basing his decision exclusively on the opinion of her two supervisors, the Director-General exceeded the limits of his discretionary authority.
Keywords:
contract; different appraisals; discretion; disregard of essential fact; fixed-term; non-renewal of contract;
Consideration 2
Extract:
The Staff Rules provide "that a fixed-term or short-term appointment shall terminate automatically on the completion of the agreed period of service unless it is extended. Construed literally, the Rule means that all that is needed for such an appointment to terminate is that the period of the contract should expire. It does not mean, however, that on the expiry of that period the Organisation is wholly free to continue to employ the staff member or not. PAHO bodies enjoy wide discretion in the matter, but they are not free to decide entirely as they please".
Keywords:
contract; discretion; fixed-term; limits; non-renewal of contract;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
If a decision is based on provisions which grant the Director wide discretionary authority, it can be set aside by the Tribunal only if it was taken without authority, or violated a rule of form or procedure, or was based on an error of fact or or law, or if essential facts were overlooked, or if there was misuse of authority, or if mistaken conclusions were drawn from the facts.
Keywords:
discretion; judicial review; transfer;
Judgment 446
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
By a majority opinion of 3 to 5, the internal appeals body recommended not reclassifying the complainant's post. The Director-General accepted that view. "The question is one for a general appreciation by persons who are familiar with the working conditions". Unless there is clear evidence of a mistaken approach to the problem, the view of the majority (and of the Director-General) must be accepted.
Keywords:
discretion; internal appeals body; post classification; recommendation;
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