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

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Keywords: Discretion
Total judgments found: 575

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  • Judgment 274


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    According to the organization, the memorandum in question signified the initiation of disciplinary proceedings. But the memorandum was written "in the language of conclusions and not of allegations; it is impossible to argue that the writer of a letter which says that if the misconduct is repeated the offender may be dismissed, retains an open mind about whether or not misconduct had occurred. [...] The language of this memorandum disqualifies the Director-General from administering either a censure or a reprimand."

    Keywords:

    censure; consequence; decision; disciplinary measure; disciplinary procedure; discretion; reprimand;



  • Judgment 271


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."

    Keywords:

    amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;

    Consideration 6

    Extract:

    "[I]t is permissible for the Director-General to determine that staff members whose home is in the country of their duty station are not eligible, since the visit would not then serve the purpose of maintaining international links. But once it is accepted that, as the Tribunal has held, on its proper construction the regulation provides that eligible members shall be paid the whole cost, it is not permissible for the Director-General to say that in certain circumstances only those members will be eligible who are prepared to pay part of the cost themselves."

    Keywords:

    amount; condition; dependant; discretion; home leave; limits; rate; refund;



  • Judgment 269


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "Although the Director-General enjoys discretionary authority in taking measures which entail abolishing a post, his decision is not wholly free from review by the Tribunal. It may be quashed if [...]."

    Keywords:

    abolition of post; discretion; judicial review;

    Consideration 3

    Extract:

    In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."

    Keywords:

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



  • Judgment 268


    36th Session, 1976
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The decision whether or not to extend a fixed-term appointment on its expiry falls within the discretionary authority of the Regional Director [in the present case] and, on appeal, within that of the Director-General. By reason of its very nature it is subject to only limited review by the Administrative Tribunal. In general the Tribunal will not interfere with that decision unless [...]."

    Keywords:

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



  • Judgment 267


    36th Session, 1976
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Under the applicable provisions, headquarters officials must retire at the age of 62 "unless the Director-General [decides] otherwise for exceptional reasons in the interests of the organization." In the present case, "the Director-General abided by the general rule and was indeed in no way required to grant an exemption."

    Keywords:

    age limit; contract; discretion; extension beyond retirement age; headquarters official; organisation's interest; retirement;

    Summary

    Extract:

    The age limit for headquarters officials is 62, unless otherwise decided by the Director-General for exceptional reasons; for field officials there is a possibility of remaining in service until 65, but not as a matter of course [not applicable to holders of fixed-term appointments]. The complainant had been appointed project director; he was subsequently recalled to headquarters and informed that his contract would terminate. The Tribunal dismisses his claim for the quashing of the decision to retire him.

    Keywords:

    age limit; contract; difference; discretion; exception; executive head; extension beyond retirement age; field; headquarters official; retirement;



  • Judgment 266


    36th Session, 1976
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The total or partial renewal of a fixed-term contract, to which an official is in no way entitled, is a decision which falls within the discretionary authority of the head of the organisation alone. The Tribunal will not interfere with such a decision unless [...]."

    Keywords:

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



  • Judgment 265


    36th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The Director-General of the organisation, by virtue of the general authority conferred on him as such and in the interests of efficiency, is empowered to change the duties assigned to his subordinates provided that that change is not tainted with any flaw which entitles the Tribunal to interfere. In the present case it is not disputed that the change was not so tainted. In particular, it does not appear from the documents in the dossier that the impugned decision was taken from any motive other than a desire to promote work efficiency."

    Keywords:

    amendment to the rules; assignment; consequence; discontinuance; discretion; judicial review; organisation's interest; special post allowance;



  • Judgment 263


    35th Session, 1975
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The Director-General may before taking decisions lay down rules for promotion which he notifies to the staff. In formulating the rules the Director-General exercises real discretionary authority; accordingly, when the Tribunal has to determine the validity of such rules its power of review takes the limited form already described.

    Keywords:

    discretion; flaw; judicial review; promotion; provision; staff regulations and rules;

    Consideration 2

    Extract:

    "[A]s a rule the decision whether or not to promote an official falls within the discretionary authority of the Director-General and is therefore subject to only limited review by the Tribunal. In general the Tribunal will not interfere with the decision unless [...]."

    Keywords:

    discretion; judicial review; promotion;



  • Judgment 262


    35th Session, 1975
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    Vide Judgment 263, consideration 2.

    Keywords:

    discretion; flaw; judicial review; promotion; provision; staff regulations and rules;

    Consideration 1

    Extract:

    Vide Judgment 263, consideration 2.

    Keywords:

    discretion; judicial review; promotion;



  • Judgment 252


    34th Session, 1975
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant contends that his functions should be assigned to the next grade up. The Tribunal, having examined the matter in detail comparing the post descriptions and statutory definitions of the two grades in question ["messenger" and "doorkeeper"], holds that the complainant's argument is unfounded and that the Director-General did not exceed or abuse his discretionary authority. The complaint is dismissed.

    Keywords:

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

    Consideration 1

    Extract:

    "It is for the competent body and in the last resort the Director-General to grade each staff member. Certain criteria have to be followed. [...] Further, the competent body will not base its grading exclusively on the text of the [Regulations] and post description, but will also consider the qualifications and degree of responsibility required by each."

    Keywords:

    criteria; discretion; grade; post classification; post description;

    Consideration 1

    Extract:

    "In all cases grading a post requires close familiarity with the conditions in which the incumbent works. It is therefore a discretionary decision which in general the Tribunal may not interfere with unless it was taken without authority, or violates [...]."

    Keywords:

    criteria; discretion; judicial review; post classification;



  • Judgment 251


    34th Session, 1975
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The refusal to extend the complainant's appointment is based on the abolition of the complainant's post. Considering the length of his service, the complainant might have expected to be kept on, but "it does not follow that the Director-General exceeded his discretionary authority in taking a decision which there is no reason to doubt was in accordance with the interests of the organization in his charge."

    Keywords:

    abolition of post; contract; discretion; fixed-term; legitimate expectation; non-renewal of contract; organisation's interest;

    Consideration 2

    Extract:

    "A decision not to extend a fixed-term appointment or not to convert it into an appointment of indeterminate duration falls within the Director-General's discretionary authority. Hence the Tribunal may quash it only if [...]."

    Keywords:

    contract; discretion; fixed-term; judicial review; non-renewal of contract; offer; permanent appointment;



  • Judgment 249


    34th Session, 1975
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    According to the applicable provision and the principle whereby final administrative decisions may not be interfered with, the exceptional power be stowed on the Secretary-General to reopen a case forms part of his purely discretionary authority; "the Tribunal may not review his exercise of that power unless, for example, there is an error of law or of fact or an obvious mistake of interpretation."

    Keywords:

    case reopened; discretion; executive head; judicial review;



  • Judgment 247


    33rd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The decision to with hold an increment from an officer is [...] a discretionary decision depending upon an evaluation made by the officer's superiors. The Tribunal will not interfere with such a decision unless it is based, among other things, on an error of law or a clearly mistaken conclusion on the facts."

    Keywords:

    discretion; increment withheld; judicial review; unsatisfactory service;



  • Judgment 245


    33rd Session, 1974
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "[The] argument [of misuse of authority] can be accepted only if the Director-General was actuated by improper motives. Since it is the Director-General's duty to safeguard the [organisation's] interests at all times, the question arises whether the impugned decision [not to renew the complainant's contract] is in accordance with those interests. the tribunal will not substitute its own opinion of the nature of the [organisation's] interests for that of the highest authorities of the administration, which are the sole judges."

    Keywords:

    abuse of power; contract; discretion; fixed-term; judicial review; misuse of authority; non-renewal of contract; organisation's interest;



  • Judgment 243


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "[T]he Administrative Tribunal may interfere with a decision [...] refusing to extend a fixed-term appointment only if [...]."

    Keywords:

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

    Consideration 6

    Extract:

    "It appears [...] from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."

    Keywords:

    discretion; moral injury; performance report; unsatisfactory service; work appraisal;

    Consideration 4

    Extract:

    "[T]he complainant alleges that the nature of his duties did not match the description in his contract of appointment. It is inherent, however, in the nature of his supervisory authority that a head of branch should be free to employ his subordinates in the best interests of his branch with due regard to their qualifications. At the highest level, moreover, the Director-General enjoys similar authority [...] to safeguard the interests of the organisation."

    Keywords:

    assignment; contract; difference; discretion; executive head; organisation's duties; organisation's interest; post description; supervisor;



  • Judgment 238


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."

    Keywords:

    appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;

    Considerations

    Extract:

    "An internal competition, of which the main purpose is to promote existing staff members, normally entails taking into consideration all the information available to the organisation concerning them, and in particular information which allows of appraising the professional experience of the candidates."

    Keywords:

    appointment; competition; discretion; elements; internal competition; professional experience; promotion; purpose;

    Considerations

    Extract:

    According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."

    Keywords:

    appointment; competition; condition; discretion; open competition; vacancy; vacancy notice;

    Considerations

    Extract:

    "[T]he board of examiners had a duty to determine whether or not the candidates should take a written examination. According to the notice of vacancy itself, the board was not obliged to hold such an examination. It was also free to decide, in the light of its inquiries, to choose only one candidate, even though provision had been made for filling two vacancies [...]."

    Keywords:

    appointment; competition; discretion; internal competition;

    Considerations

    Extract:

    "In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."

    Keywords:

    appointment; competition; condition; discretion; elements; internal competition; work appraisal;

    Considerations

    Extract:

    "[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."

    Keywords:

    appointment; candidate; competition; discretion; fitness for international civil service; open competition; qualifications; selection board;



  • Judgment 232


    32nd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    As with any appraisal by the Director-General of an official's performance, the tribunal may "interfere with the impugned decision only if it was taken without authority, is irregular in form or tainted by procedural irregularities or by illegality, or is based on incorrect facts, or if essential facts have not been taken into consideration, or, again, if conclusions which are clearly false have been drawn from the documents in the dossier, or finally, if authority has been exercised for purposes foreign to the organization's interests."

    Keywords:

    discretion; judicial review; performance report; rating; rebuttal; work appraisal;



  • Judgment 230


    32nd Session, 1974
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The decision to extend the complainant's appointment [...] was taken in the exercise of discretion. The Tribunal can therefore interfere with it only if [...]."

    Keywords:

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



  • Judgment 226


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "In complaints against a decision of the Director-General to terminate a staff member's probation or not to confirm his appointment, the Administrative Tribunal may interfere with that decision only if it was taken without authority [...]."

    Reference(s)

    ILOAT Judgment(s): 194

    Keywords:

    discretion; judicial review; probationary period; refusal; termination of employment;

    Considerations

    Extract:

    "A staff member on probation may ordinarily expect to receive an appointment of indeterminate duration at the end of the probation period [...] 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."

    Reference(s)

    ILOAT Judgment(s): 194

    Keywords:

    discretion; probationary period;



  • Judgment 225


    32nd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."

    Keywords:

    acceptance; competence of tribunal; direct appeal to tribunal; discretion; exception; executive head; internal remedies exhausted; receivability of the complaint;

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Last updated: 27.09.2022 ^ top