Discretion (547, 548, 549, 550, 551,-666)
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Keywords: Discretion
Total judgments found: 599
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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;
Judgment 321
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's contract, a fixed-term appointment, expired. "The very fact that the Director-General gave him several short extensions of appointment shows that the organization did indeed try to keep him on the staff by granting him an appointment of longer duration. Although he applied unsuccessfully for many vacancies, it was for the Director-General alone, since he is responsible for the efficient running of the organization, to decide whether to offer the complainant any of those vacancies. Besides, because of his grade [D.1] few posts could be offered to him."
Keywords:
contract; discretion; fixed-term; non-renewal of contract; organisation's duties; short-term; successive contracts;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"A decision taken by the Director-General, either during or at the end of the probation period, not to confirm the staff member's appointment is one which falls within his discretion and accordingly the Tribunal will interfere with it only on strictly limited grounds [...]."
Keywords:
discretion; judicial review; probationary period;
Judgment 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision "and the general principles of international public service, the provisional nature of his position denies a probationer the safeguards enjoyed by an established official or by the holder of a fixed-term appointment or of one without limit of time [...]. The Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords:
discretion; international civil service principles; probationary period; safeguard; termination of employment;
Considerations
Extract:
"The Tribunal is competent to review the lawfulness of any decision by the Director-General [...]. In particular it may determine whether that decision [is tainted by any of the flaws which entitle the Tribunal to interfere]. The Tribunal may not [...] replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."
Keywords:
conduct; discretion; fitness for international civil service; judicial review; qualifications; work appraisal;
Judgment 316
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The decision to renew or not to renew a contract falls within the discretion of the Director-General. His conclusion that the allegations are not well founded must be accepted by the Tribunal unless he has misused his discretion."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 312
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director "did not act unlawfully in abolishing the Spanish-language post held by the complainant, [...] creating a new English-language post and preserving a French-language post. He made an appraisal of fact which, on these points, must prevail."
Keywords:
abolition of post; discretion; organisation's interest; reorganisation;
Considerations
Extract:
"In the circumstances, the Appeals Committee's finding that [the complainant] was [...] wholly commendable and that her retention in employment would have served the [organization's] interests was no reason for the Director-General, who bears sole responsibility for the smooth running of the organization, not to exercise his authority and, on the expiry of the complainant's appointment, either refuse her a new appointment [...] or conclude a new contract with her or with [someone with different qualifications]."
Keywords:
abolition of post; contract; discretion; fixed-term; non-renewal of contract; satisfactory service;
Judgment 310
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This was a decision which fell within the discretion of the Director-General and therefore the Tribunal's power of review is limited to certain grounds of which the only one here relevant would be an improper motivation. The main reason why the complainant's contract was not renewed was that his superiors considered that he was not the type of person who could work within a team. They may have been right or wrong about this, but a careful study of the dossier does not indicate the existence of any improper motive or of any other ground which could justify the intervention of the Tribunal."
Keywords:
contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract; working relations;
Judgment 304
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The decision not to promote [...] falls within the Director-General's discretionary authority. Hence the Tribunal will interfere with that decision only if [...]."
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 303
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The function of [careers] committees is purely advisory, and the criteria they adopt have no binding force. Hence, even though those criteria are not beyond reproach, the Director-General's decisions are not tainted on that account."
Keywords:
advisory body; binding character; criteria; discretion; executive head; promotion; promotion board;
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is true that marking may partly depend on subjective factors which have little or nothing to do with actual performance, but the complainants have not shown that they suffered on that account."
Keywords:
bias; burden of proof; discretion; judicial review; lack of evidence; rating; work appraisal;
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 299
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Director-General made an appraisal of facts which is not subject to review by the Tribunal."
Keywords:
discretion; judicial review; post classification;
Considerations
Extract:
"In view of the [applicable] provisions [...] the Tribunal holds that, although in this case the job description for a post is the sole basis which should be taken into account, it should cover not only purely descriptive material considerations but also subjective ones: account must be taken of, for example, staff members' actual responsibilities."
Keywords:
discretion; elements; post description;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The impugned decision not to extend the complainant's appointment [...] falls within the Director-General's discretionary authority."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
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