Discretion (547, 548, 549, 550, 551,-666)
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Keywords: Discretion
Total judgments found: 609
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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;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant was appointed for two years, with the first 12 months as a probationary period. at the end of this period, his contract was terminated in accordance with the statutory provisions which grant a wide measure of discretion to the bodies responsible for their application. The Tribunal's power of review is limited. In applying the criteria which govern its review, the Tribunal "will exercise special caution in reviewing a decision to dismiss a probationer. Otherwise probation would not serve its purpose as a trial period."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Consideration 1
Extract:
Decisions taken within the exercise of a discretion may be set aside by the Tribunal only if the decision was taken without authority or if it violates a rule of form or of procedure, or was based on a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the facts. These considerations hold good for the review of all discretionary decisions.
Keywords:
discretion; judicial review;
Judgment 438
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2 and 10
Extract:
The determination of an assessment falls within the discretionary authority of the Director of the organisation. The Tribunal may not substitute its own assessment for the decision taken by the Director in the exercise of his discretion.
Keywords:
competence of tribunal; discretion; judicial review; rating; work appraisal;
Judgment 428
45th Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The decision concerned the grading of a post. "The Tribunal will be even more cautious in reviewing the impugned decision since some of the matters raised in the complaint are technical and the [organisation] is more familiar than the Tribunal with the circumstances which determine how they should be settled."
Keywords:
discretion; judicial review; post classification;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
A provision which stipulates that special leave may be granted with full, partial or no pay "for training or research in the interests of the Bureau or for other valid reasons [...] does not give authority to the Director to order special leave for any reason he considers to be valid; the reason must be advanced by the staff member and only then is the Director empowered to judge its validity. The decision to 'place you on special leave' [...] must therefore be quashed".
Keywords:
decision quashed; discretion; executive head; grounds; purpose; special leave; training;
Judgment 422
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
At issue is whether or not a child was de facto fully dependent on the complainant. Such a matter falls within the discretionary authority of the Director-General, since the answer depends not on the facts simpliciter but on an appreciation of the facts.
Keywords:
dependant; dependent child; discretion;
Judgment 412
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The material provision empowers the Director-General at his discretion to authorise officials to work half-time. "The reasons given for the application should be well founded, but this is not the only [requirement]: [...] the authorisation to work half-time should be fully in the interests of the [organisation]. In other words the Director-General enjoys wide discretion: he will exercise it first and foremost in the light of what the [organisation's] interests demand."
Keywords:
discretion; executive head; grounds; organisation's interest; part-time employment; request by a party;
Judgment 405
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
It appears from the dossier that "the sole reason for the action taken with regard to the complainant [change of duties] was the desire of the chief of the department to employ his subordinates more efficiently. The Tribunal will not review the supervisor's appraisal of the complainant's performance provided that [...] he acted solely in the interests of the organisation."
Keywords:
amendment to the rules; assignment; discretion; judicial review; organisation's interest; work appraisal;
Consideration 1
Extract:
"Provided that he does not alter the grade, reduce the salary or show lack of consideration, the Director-General is free to assign provisionally to staff members the duties of officials holding a lower grade if that is in the organisation's interests."
Keywords:
assignment; discretion; organisation's duties; organisation's interest;
Judgment 396
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is the Director-General who defines the interests of the organization, referred to in the regulation [concerning the termination of a probationer's appointment], and so he enjoys discretionary authority."
Keywords:
discretion; organisation's interest; probationary period; termination of employment;
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;
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