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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 39


    7th Session, 1958
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "In the absence of any evidence that a particular decision taken in virtue of [the sovereign authority of the legislative organs and the Secretary-General] was arbitrary or in bad faith [...] the Tribunal cannot constitute itself as a body competent to scrutinise the classification of officials and thus to assume a hierarchical authority over the organisation and its executive head."

    Keywords:

    competence of tribunal; discretion; grade; judicial review; post classification;

    Considerations

    Extract:

    "Any complaint relying in substance on an individual appreciation of the relative merits of one official as against another is bad in law and must fail, the Tribunal not having jurisdiction in the absence of evidence showing that the complainant was the subject of arbitrary or improper treatment amounting to an illegality under the Staff Regulations."

    Keywords:

    competence of tribunal; discretion; work appraisal;



  • Judgment 36


    7th Session, 1958
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Although leave is granted on a request approved by the supervisor, such approval is subject to the requirements of the service [...]. The supervisor's discretionary power to determine such requirements is not a matter subject to control by the Tribunal [...]. Far from proving the 'excès de pouvoir' which he alleges, the complainant's case on this point is devoid of substance [...]. The refusal to grant the leave requested by the complainant therefore appears justified."

    Keywords:

    annual leave; discretion; leave; organisation's interest; refusal; right; supervisor;

    Considerations

    Extract:

    "In drawing up the complainant's annual report, his supervisor did not deny the validity of the medical certificate submitted by the complainant to justify his absence but justly criticised the discourteous manner in which he had made use of a medical certificate to remain away from work [...]. The evaluation expressed in that report was made within the exercise of a discretion and constituted only a [preliminary] opinion [...]. There can be no recourse to the Tribunal in relation to this evaluation." The complainant was granted an annual increment on the basis of this report and there was therefore no decision which is injurious to the complainant.

    Keywords:

    cause of action; conduct; discretion; lack of injury; no cause of action; performance report; supervisor;



  • Judgment 34


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant contests the contents of the certificate drawn up. "Even if the complainant's submission under this head were receivable in form* the Tribunal has no authority to supervise or to state the terms of a certificate containing any evaluation whatsoever of the service of the person concerned, this being a prerogative of the Director-General".
    *complaint time-barred

    Keywords:

    certificate of service; discretion; formal requirements; judicial review; work appraisal;



  • Judgment 32


    7th Session, 1958
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The Director-General's recognised right to grant or refuse an indeterminate appointment under [the applicable] Staff Regulation is sovereign and [...] it is not for the Tribunal to seek for or judge his reasons for so doing."

    Keywords:

    contract; discretion; grounds; judicial review; offer; permanent appointment; refusal;



  • Judgment 30


    6th Session, 1957
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The Tribunal already deplored in Judgment No. 11 [...] the absence of regulations laying down the conditions of employment of [...] officials [of branch offices]; [...] it is regrettable that such regulations have still not been drawn up and that consequently there are no rules of positive law" governing the matter. It does not follow that such officials should be exposed to arbitrary action by the Director-General.

    Reference(s)

    ILOAT Judgment(s): 11

    Keywords:

    competence of tribunal; discretion; field; judicial review; no provision;

    Considerations

    Extract:

    "There can be no acquired rights as regards the relative position of an official within the administrative hierarchy, nor any right to promotion, the latter being within the exclusive authority of the official's superiors".

    Keywords:

    acquired right; discretion; promotion; right; staff regulations and rules; supervisor;



  • Judgment 25


    6th Session, 1957
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (A)

    Extract:

    "The Director-General [...] enjoys discretionary powers in respect of the transfer of staff members to posts other than those to which they are initially assigned [...]. A refusal to accept a transfer may raise obstacles to the extension of an engagement beyond its original date of termination."

    Keywords:

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



  • Judgment 20


    5th Session, 1955
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration on the substance (C)

    Extract:

    "The decision taken by the Director-General [...] was preceded by a referral to the Board of Inquiry and Appeal competent to advise [him] ; [...] the opinion given by the said Board in no way binds the Director-General and even if the Board had the right to modify certain time limits no complaints can be laid against the Board for not having exercised such option; [...] it was for the Director-General to appreciate whether the opinion as formulated sufficed as a basis for his decision."

    Keywords:

    binding character; discretion; enforcement; executive head; internal appeals body; recommendation;



  • Judgment 14


    4th Session, 1954
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Alleging the inferior quality of the complainant's work, the organization failed by way of exception to give her preferential treatment when implementing staff reductions. "As regards the comparative evaluation of service [...], the Director-General [...] has discretionary power [...]. This discretionary power cannot be used to misuse recourse to the aforementioned exception."

    Keywords:

    abolition of post; contract; discretion; permanent appointment; priority; staff reduction; work appraisal;



  • Judgment 13


    4th Session, 1954
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".

    Keywords:

    amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probationary period; procedural flaw; staff regulations and rules; termination of employment; unsatisfactory service;

    Considerations

    Extract:

    "The discretionary power of the Director-General in this matter cannot be exercised for reasons not clearly specified [...] He cannot invoke one reason for exercising his powers when in reality his action is based on another reason since this would constitute misuse of power likely to lead to rescission of the decision."

    Keywords:

    abuse of power; discretion; grounds; misuse of authority; probationary period; termination of employment;



  • Judgment 12


    4th Session, 1954
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "The judgement of the Director-General is final and [in the present case] is not subject in law to any rule which has not been observed [...]. In consequence, the Tribunal is not competent to judge the merits of the decision reached by the Director-General in the exercise of the powers conferred on him by the Staff Regulations."

    Keywords:

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

    Consideration 11

    Extract:

    The provision to which the complainant refers "states expressly that the Director-General may retain an official in service until he reaches the age of 65 years but [...] it grants the Director-General discretionary power to decide in which cases exception may be justified."

    Keywords:

    age limit; contract; discretion; exception; extension beyond retirement age; fixed-term; non-renewal of contract; retirement;



  • Judgment 8


    2nd Session, 1951
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[T]he provisions of the Staff Regulations concerning the period of probation hav[ing] been observed, the Director-General decides on his exclusive authority the course to be taken with regard to a probationer official".

    Keywords:

    discretion; extension of contract; probationary period;

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Last updated: 14.10.2021 ^ top