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

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Keywords: Discretion
Total judgments found: 586

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• 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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