Discretion (547, 548, 549, 550, 551,-666)
You searched for:
Keywords: Discretion
Total judgments found: 599
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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;
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;
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