Discretion (547, 548, 549, 550, 551,-666)
You searched for:
Keywords: Discretion
Total judgments found: 599
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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;
Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the applicable provision, a staff member who has been appointed, by a fixed-term appointment, for one year or more must be notified of the organization's decision not to reappoint him no less than one month before the date of expiry. "The decision taken by the Director-General under the above-mentioned rule lies within his discretion. It cannot therefore be reviewed by the Tribunal unless it is tainted by [...]" (etc.).
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; notice;
Judgment 129
21st Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal is satisfied that the [...] decision to transfer was taken purely in the interest of the organization. Where this is the case, the Tribunal will not substitute its own judgment for that of the Director-General unless he has based his decision on incorrect facts or has failed to take essential facts into consideration or has drawn false conclusions from the documents in the dossier."
Keywords:
discretion; judicial review; organisation's interest; transfer;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's appointment was terminated on the ground that the necessities of the service required the abolition of the post. "The relevance of the reason given is a matter which falls within the discretion of the Director-General, and in principle the Tribunal is not competent to rule on the expediency of action taken by the organization in the light of the necessities of the service to fulfil its aims. It follows that the Tribunal may not substitute its own judgment for that of the Director-General in respect of the desirability of continuing complainant's employment, having regard to the necessities of the service."
Keywords:
abolition of post; discretion; judicial review; organisation's interest;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[W]hile as a general rule employees in a given grade must be assigned to work normally done by members of that grade, it is within the discretion of the Director-General, provided that there is no change in the grade or reduction in salary, nor any lowering of the dignity of the persons concerned, to assign them to work done by lower-grade employees if the needs of the service so require".
Keywords:
assignment; discretion; downgrading; grade; limits; organisation's duties; organisation's interest; respect for dignity; salary; transfer;
Consideration 9
Extract:
Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.
Keywords:
discretion; fitness for international civil service; judicial review; organisation's interest; qualifications; termination of employment; work appraisal;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The renewal or non-renewal of a contract of employment is a matter within the discretion of the Director-General. Accordingly the Tribunal will not interfere with his decision unless it [...]. The Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct or qualifications of the person concerned."
Keywords:
conduct; contract; discretion; fixed-term; judicial review; non-renewal of contract; work appraisal;
Judgment 118
19th Session, 1968
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B)
Extract:
"When issuing a certificate under the terms of [the applicable provision], the Director-General makes an assessment of the performance of the person concerned which is not open to discussion before the Administrative Tribunal; the Tribunal can only check whether all the particulars specified in the aforesaid [provision] have been supplied, and ascertain that the assessment made by the competent authority is not based on materially incorrect facts or on obviously wrong conclusions drawn from the evidence in the dossier."
Keywords:
certificate of service; discretion; formal requirements; judicial review; work appraisal;
Judgment 116
19th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
On the occasion of the partial renewals of her contracts, the complainant was advised to improve her performance. In concluding that the complainant's performance was still unsatisfactory and that her appointment should not be extended beyond the date of expiry, the Director-General gave a ruling which exhibits none of the flaws which may cause the Tribunal to interfere with such a decision. It has not, in particular, been established that the critical observations made of the complainant's work were based on materially incorrect facts.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service;
Judgment 115
18th Session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The applicable texts give "the Secretary-General discretionary power to assign staff members in the best interests of the organization, taking account in particular of the qualifications of the person concerned."
Keywords:
assignment; discretion; organisation's interest; qualifications; transfer;
Judgment 111
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant made use of statements in the proceedings before the Tribunal "as tracts designed to discredit [the organisation] and the Administrative Tribunal." His actions could not have been directed to defending his freedom and rights. They were undoubtedly related to "activities exercised by [him] as an official of the organisation; as such they constituted serious misconduct and were consequently such as to justify the legal application of a disciplinary sanction [...] the free choice of the sanction to be imposed was within the Director-General's discretion."
Keywords:
disciplinary measure; discretion; duty of discretion; organisation's reputation; serious misconduct; vexatious complaint;
Judgment 109
17th Session, 1967
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision impugned was taken on the basis, in particular, of the reports of her two [...] chiefs; these reports deal with specific points which are not invalidated by any of the evidence in the dossier. From these facts as a whole the [...] Director [...] could conclude that complainant's service was unsatisfactory, without exceeding his discretion. However, his decision was taken only after he had personally heard [the complainant], who was given the opportunity of fully defending her views."
Keywords:
discretion; probation report; probationary period; right to reply; termination of employment; unsatisfactory service;
Consideration 3
Extract:
"While the Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period [...], the Tribunal may not, however, substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his or her suitability for international service."
Keywords:
competence of tribunal; discretion; judicial review; probationary period; qualifications; termination of employment;
Judgment 106
17th Session, 1967
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(B)
Extract:
"Having conformed to his two-fold [statutory] obligation [to hear the opinion of the ad hoc committee and to base himself on the standards observed in other international organisations] the Director is free to exercise his discretion in carrying out the responsibilities assigned to him. It follows that the Administrative Tribunal must confine itself to determining whether" [at issue is the classification of posts].
Keywords:
advisory body; consultation; discretion; judicial review; limits; post classification; rule of another organisation;
Consideration 6
Extract:
The Tribunal's review has brought to light no irregularities. "While the Director in the exercise of his discretion might have arrived at a more favourable decision in respect of complainant, whose professional competence has never been questioned, it is not for the Tribunal, having exercised its power of review, to substitute its own judgment for that of the responsible authority."
Keywords:
discretion; judicial review; post classification;
Judgment 93
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".
Keywords:
burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination of employment;
Consideration 3
Extract:
Clause (vi) of the material provision stipulates that the appointment may be terminated in the interests of the organization. "The power in clause (vi) cannot be read as an absolute power exercisable in all cases, but must be read subject to a condition limiting the type of case in which it can be exercised. The condition must be framed in the light of the fact that the power will normally be used in the case of a satisfactory officer, since an unsatisfactory officer can normally be dealt with [under clauses (i) to (v)]."
Keywords:
discretion; organisation's interest; termination of employment; unsatisfactory service;
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