Discretion (547, 548, 549, 550, 551,-666)
You searched for:
Keywords: Discretion
Total judgments found: 599
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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;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The retirement age is fixed at sixty. "[I]n exceptional cases the Director may retain an official in service until the age of sixty-five. The text [...] allows the Director full discretion in determining the special cases in which an official may be retained in service beyond the normal age limit. The Director thus enjoys discretionary power in this respect".
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; judicial review; retirement;
Judgment 220
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he competence of the Tribunal to review the legality of the decisions taken by the Director-General within his discretionary powers is restricted to ascertaining whether the decision impugned is based on incorrect facts or an error of law and whether it constitutes a misuse of authority."
Keywords:
decision; discretion; executive head; judicial review;
Considerations
Extract:
Under certain conditions, officials may have a portion of their remuneration transferred. The exchange regulations lie within the discretion of the Director-General. The competence of the Tribunal to review "the legality of the decisions taken by the Director-General within his discretionary powers is restricted".
Keywords:
discretion; exchange rate; judicial review; salary;
Judgment 212
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Responsibility for the assignment of a staff member to a specific post lies with the Director-General, who as the responsible head of the organization has full discretion in the matter. It does not appear from the evidence in the dossier that the Director-General's decision in the present case was tainted by any of the irregularities which the Tribunal is competent to censure."
Keywords:
assignment; discretion; judicial review;
Judgment 211
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The principle that the Tribunal will not interfere, except upon particular and limited grounds such as prejudice or incorrect appreciation of facts or formal or procedural irregularity, with decisions of the Director-General on matters that fall within his discretion applies with special force to the form and contents of such documents as appraisal reports and certificates of service."
Keywords:
certificate of service; discretion; judicial review; performance report; work appraisal;
Consideration 3
Extract:
"In the preparation of such documents opinions will naturally differ about what aspects of the service should be stressed and what evaluations made; such differences must [...] be resolved by the Director-General whose responsibility it is to determine whether a certificate of service is in substance and language just and fair."
Keywords:
certificate of service; different appraisals; discretion; formal requirements; work appraisal;
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; termination of employment for health reasons;
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; termination of employment for health reasons; 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;
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