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Discretion (547, 548, 549, 550, 551,-666)

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Keywords: Discretion
Total judgments found: 551

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  • Judgment 208


    30th Session, 1973
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "In order to invalidate the plea of lack of authority, it is enough to confirm that the Director-General did not overstep the limits of his powers, and it is not necessary to consider how he exercised those powers."

    Keywords:

    competence; decision-maker; discretion; executive head; judicial review;

    Consideration 1

    Extract:

    In applying the provisions on post-grading the Director-General will exercise his discretion. The Director-General's decision to reject the complainant's request for regrading was in accordance with the material provisions, "that is to say [...] he took a decision which lay within his discretion."

    Keywords:

    discretion; judicial review; post classification;

    Consideration 2

    Extract:

    "Insofar as [the Regulations] confer certain powers on the Director-General in respect of grading, they do not determine the substance of the measures to be taken. [...] Consequently in applying different standards in 1971 from those which had been applicable in 1968 the Director-General did not exceed his authority."

    Keywords:

    discretion; enforcement; post classification; staff regulations and rules;



  • Judgment 207


    30th Session, 1973
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Director-General adopted the recommendation of the internal appeals body; neither he nor the appeals body was bound by the recommendations of the Disciplinary Committee "and he could lawfully impose a penalty more severe than had been recommended by those bodies."

    Keywords:

    binding character; decision; disciplinary measure; discretion; enforcement; executive head; internal appeals body; recommendation;

    Considerations

    Extract:

    "It was within the sole discretion of the Director-General to decide upon the appropriate penalty, and the Administrative Tribunal cannot substitute its judgment for that of the head of the organization unless it finds that the penalty imposed is clearly out of proportion with the gravity of the offence". The complainant was suspended after reporting for work in a drunken state on several occasions and later dismissed.

    Keywords:

    disciplinary measure; discretion; judicial review; misconduct; proportionality; termination of employment;



  • Judgment 204


    30th Session, 1973
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Under the applicable provision, the pensionable age for officials is 62. The Director-General's decision was taken in pursuance of the above-mentioned provision. Although the provision empowers the Director-General to retain the services of an official beyond the age-limit, this derogation is confined to exceptional cases and lies within the discretion of the head of the organisation. In the present case, the Director-General's appraisal of the facts shows none of the flaws which the Tribunal may correct.

    Keywords:

    age limit; contract; discretion; exception; extension beyond retirement age; judicial review; provision; retirement; staff regulations and rules;



  • Judgment 197


    29th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[I]t is within the Director-General's discretion on receiving an appeal [...] to decide whether, in order to establish the facts, it is necessary to give a personal hearing to the person concerned or whether the arguments and documents supplied by him and the information given by the chief of his unit are sufficient to allow a decision to be taken."

    Keywords:

    discretion; probationary period; right to reply; work appraisal;

    Considerations

    Extract:

    The Director-General "took the view that [the complainant, a probationer,] did not have the necessary qualifications for the post to which he was assigned [...] [His] decision was not tainted by illegality or based on incorrect facts [...], he did not fail to take account of essential facts, and did not draw from the evidence conclusions that are clearly false. The Tribunal's power to review the substance of this case is limited to the foregoing four points, and it cannot substitute its own judgment for that of the head of the organization."

    Keywords:

    discretion; judicial review; probationary period; qualifications; work appraisal;



  • Judgment 192


    29th Session, 1972
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Provision is made under the Staff Rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. Any decision taken under this provision lies within the Director-General's discretion, and can therefore be set aside by the tribunal only if [...]."

    Keywords:

    discretion; enforcement; health reasons; judicial review; medical fitness; probationary period; provision; staff regulations and rules; termination of employment;

    Consideration 2

    Extract:

    The complainant had been admitted to hospital suffering from a nervous breakdown. "The Director-General did not [...] exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. Whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.

    Keywords:

    discretion; executive head; health reasons; inquiry; investigation; probationary period; project personnel; qualifications; refusal; termination of employment; working conditions;



  • Judgment 191


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Tribunal must determine whether a decision taken by virtue of a discretionary authority "was taken with authority, is in regular form, whether the correct procedure has been followed and, as regards its legality under the organization's own rules, whether the administration's decision was based on an error of law or fact, or whether essential facts have not been taken into consideration, or again, whether conclusions which are clearly false have been drawn from the documents in the dossier, or finally, whether there has been a misuse of authority."

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract;



  • Judgment 190


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    In transferring the complainant in the course of his appointment, as thus properly extended, to a different service, "the Director-General was simply applying the provisions of [the] Staff Regulation[s] under which he has authority to assign an official in the best interests of the organization".

    Keywords:

    discretion; organisation's interest; transfer;



  • Judgment 188


    28th Session, 1972
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The Director-General's decision to maintain the complainant's performance reports and temporarily to withhold her salary increment lies within his discretion."

    Keywords:

    discretion; increment withheld; judicial review; rating; unsatisfactory service; work appraisal;



  • Judgment 182


    27th Session, 1971
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The Tribunal will not normally entertain complaints about the contents of appraisal reports; it is essential to their value that the supervisor should be granted great freedom of expression and normally, if there be any errors of judgement on his part, they can be sufficiently remedied by the incorporation in the appraisal report of the staff member's point of view."

    Keywords:

    competence; discretion; judicial review; performance report; rebuttal; supervisor; work appraisal;



  • Judgment 178


    26th Session, 1971
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]he grading of each post is based exclusively on objective criteria. [Whilst] the present incumbent of the post [...] has qualifications superior to the standards required for the post which she accepted on the understanding that it would be upgraded [and] while this fact must leave her with an understandable grievance, it affords no legal basis for the upgrading which she claims."

    Keywords:

    discretion; grade; post classification; post description; qualifications;

    Considerations

    Extract:

    The Secretary-General, in the exercise of his discretionary power, "determine[s] and then grade[s] the posts held by staff members. Consequently, the Administrative Tribunal, which has before it an appeal against a decision of those authorities grading a specific job, may interfere with that decision only if [etc.]."

    Keywords:

    discretion; grade; judicial review; post classification; post description;

    Considerations

    Extract:

    In taking the view that knowledge of only two languages was required for the post, the Secretary-General merely exercised the authority vested in him. "Although the appropriateness of the way in which [the discretion was exercised] is open to discussion, it does not appear from the documents that [the] decision was based on materially incorrect facts or an obvious error or distortion of the evidence, or on a seriously mistaken assessment of the requirements."

    Keywords:

    discretion; judicial review; knowledge of languages; post description;



  • Judgment 169


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Under the applicable provision, "the Director-General is entitled to terminate at any time the appointment of an official serving a probationary period if in his opinion such action would be in the interests of the organization. Such a decision falls within his discretion".

    Keywords:

    discretion; judicial review; organisation's interest; probationary period; termination of employment;



  • Judgment 166


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[I]n selecting an official for a vacant post the Director-General must base his decision not on a single criterion but on several considerations, such as occupational skill, length of service, experience, diligence, and suitability for performing the functions of an international official, which he must weigh individually in each case before arriving at a decision."

    Keywords:

    appointment; competition; discretion; elements; fitness for international civil service; qualifications; vacancy; work appraisal;

    Considerations

    Extract:

    "[T]he fact that other staff members whose contracts, like that of [the complainant] had not been extended were able to find other posts within the [organization] does not in itself prove that the decisions not to appoint the complainant to the [...] posts [applied for] are tainted by misuse of authority. While it may be a matter for regret that [the complainant], whose efficiency is not in question, should have had to leave the service of [the organization], the Tribunal can only find that the decisions impugned are legally valid."

    Keywords:

    abuse of power; contract; discretion; equal treatment; fixed-term; judicial review; misuse of authority; non-renewal of contract;

    Considerations

    Extract:

    "With regard to the failure to appoint [the complainant], the proceedings have shown that after consulting various persons qualified to give an opinion on the candidates [...] the [...] chief of service selected [an official] who was already working for him and of whose efficiency and diligence he had personal experience. Such a choice was quite normal and cannot be regarded in itself as being contrary to the interests of the organization or tainted by [bias]."

    Keywords:

    appointment; discretion; organisation's interest; titularization; work appraisal;

    Considerations

    Extract:

    "The action of the Director-General [...] or of an official acting under his orders in deciding not to renew the temporary appointment of a staff member [lies within] the discretionary power conferred on the head of the organization in the interest of the organization itself. The existence of this discretionary power excludes any right [...] to the renewal of [an] appointment and also restricts the Tribunal's power of review."

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;



  • Judgment 155


    24th Session, 1970
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[T]he Director-General's refusal to renew an official's contract on its expiry is not a disciplinary measure in the terms of the Staff Rules. It falls within his full discretion."

    Keywords:

    contract; discretion; fixed-term; non-renewal of contract;



  • Judgment 154


    23rd Session, 1970
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Decisions to transfer an official lie within the discretion of the authority making them and are subject to review by the Tribunal only within certain limits; "in so far as the Tribunal judges itself competent to hear the complaints filed by the complainant against the decision to transfer him, they do not justify the quashing of the decision or the award of damages."

    Keywords:

    discretion; judicial review; transfer;

    Consideration 2

    Extract:

    "Whether based on the Staff Regulations or on the terms of appointment, decisions to transfer an official lie within the discretion of the authority making them, and are therefore subject to review by the Tribunal only within certain limits."

    Keywords:

    discretion; judicial review; transfer;



  • Judgment 153


    23rd Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]he Tribunal will neither substitute its own assessment for that of the Director-General nor direct that a new assessment be made. In taking this view the Tribunal acts in accordance with the well-established principle that it does not review a decision of this sort unless [...]."

    Keywords:

    discretion; grade; judicial review; post classification;



  • Judgment 152


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration

    Extract:

    The Director-General always has the right to extend the probationary period. In the present case, he "was in possession of material affording grounds for the provisional measure, namely the extension of the probationary period."

    Keywords:

    discretion; extension of contract; probationary period;

    Consideration on Termination

    Extract:

    "The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period [...] The Tribunal may not substitute its own judgment for that of the Director-General concerning the work or conduct of the person concerned or his qualifications for employment as an international officer."

    Keywords:

    discretion; judicial review; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;

    Consideration on the decision on probation

    Extract:

    A manual provision provides that staff members recruited by the Organization "after serving with the United Nations or another specialised agency may be exempted from serving a probationary period [...] This provision [...] does not confer any right on the person concerned, but merely gives the chief of the Personnel Department authority to waive the requirement if he is satisfied that it is appropriate to do so."

    Keywords:

    discretion; exception; probationary period;



  • Judgment 151


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Director-General has the authority "to assign the staff members responsible to him in the best interest of the organization. The authority enjoyed by the chief of the organization in this respect affords him a wide field of discretion which the Tribunal can review only in specified cases."

    Keywords:

    assignment; discretion; judicial review; organisation's interest; transfer;



  • Judgment 140


    22nd Session, 1969
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    Under the applicable provision, "a staff member may be separated during or at the end of his probationary period if it is clear that after a fair trial he does not perform satisfactorily the duties of the post to which he is assigned. The decisions taken under this provision lie within the Director-General's discretion."

    Keywords:

    discretion; probationary period; termination of employment; work appraisal;



  • Judgment 133


    21st Session, 1969
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "[T]he evidence in the dossier shows that the abolition of the complainant's post, while not aimed at the complainant personally, formed part of the reorganisation measures taken in accordance with [a conference]. It is immaterial that the duties performed by the complainant were maintained and assigned to other staff members, since the abolition of the post was motivated by objective reasons which do not fall within the competence of the Tribunal."

    Keywords:

    abolition of post; discretion; judicial review; organisation's interest; reorganisation;

    Consideration 3

    Extract:

    "[A]s an organisational act the decision to deprive a staff member of his post lies within the Director-General's discretion and can be reviewed by the Tribunal only if it is in irregular form or tainted by procedural irregularity, or tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration or conclusions which are clearly false have been drawn from the documents in the dossier. This is the case whenever such an act is taken for the sole purpose of removing a staff member for whose termination no other statutory reason can be found."

    Keywords:

    abolition of post; abuse of power; discretion; judicial review; misuse of authority; organisation's interest; termination of employment;



  • Judgment 132


    21st Session, 1969
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Examination of the evidence shows that incidents involving [the complainant] had created a situation in the [regional office] prejudicial to its satisfactory operation. Consequently, regardless of where the responsibility for the incidents in question might lie, the Director-General on becoming aware of this situation was entitled to act under the authority derived from [the provision respecting transfer of staff in the interests of the service]."

    Keywords:

    conduct; discretion; organisation's interest; transfer;

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Last updated: 14.10.2021 ^ top