Misuse of authority (571, 572, 927,-666)
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Keywords: Misuse of authority
Total judgments found: 155
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Judgment 1961
89th Session, 2000
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal recalls that "in Judgment 139 [...] the Tribunal made it clear that it did not consider the assignment of the duties of an abolished post to other staff members as an indication that there had been an abuse of authority, provided that the evidence showed that the number of staff members was in fact reduced." It affirms this case law.
Reference(s)
ILOAT Judgment(s): 139
Keywords:
abolition of post; abuse of power; case law; condition; evidence; misuse of authority; staff reduction;
Judgment 1875
87th Session, 1999
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
"An international organisation is liable for the material and moral damages resulting from the injury caused to a staff member by his superior (acting in the course of his duties and not in a private capacity) by treatment that is an affront to the staff member's personal and professional dignity (Judgment 1609 [...]); and for victimisation consequent upon improper treatment (Judgment 1376 [...]). A staff member is entitled to have his good name vindicated by the organisation when a superior makes false allegations against him and to redress for the harm caused ([see] Judgment[s] 1340 [and] 1344 [...]). When a third party makes false allegations against a staff member, the organisation should communicate its view that the allegations are without foundation (Judgment 1376 [...])."
Reference(s)
ILOAT Judgment(s): 1340, 1344, 1376, 1609
Keywords:
abuse of power; burden of proof; compensation; injury; liability; material damages; material injury; misuse of authority; moral injury; organisation's duties; respect for dignity; supervisor;
Judgment 1800
86th Session, 1999
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainants' [...] plea is that the sole purpose of the change in the rules on the [post adjustment] index [decided by the ICSC] was to save money. The Tribunal need only quote the reply it gave to that argument in Judgment 1776: 'If the new method is lawful the fact that applying it saves member States money cannot in itself be a flaw.' And the evidence suggests no misuse of authority by the [ICSC], which, against the odds, tries to find from time to time objective criteria for reckoning post adjustment throughout the common system."
Reference(s)
ILOAT Judgment(s): 1776
Keywords:
abuse of power; amendment to the rules; budgetary reasons; case law; icsc decision; member state; misuse of authority; official; post adjustment; reckoning; right; salary;
Judgment 1791
86th Session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"In support of their plea of abuse of authority the complainants accuse [the Organization] of scorning [...] the independence of the international civil service by giving in to a single government that was itself defying the principle [...]. There is not a shred of evidence to suggest that [the Organization] was yielding to [the] insistence [of one State]. The impugned decision was taken because of a resolution by the Council, the sovereign body that decides things scientific, technical and administrative [...]."
Keywords:
abuse of power; breach; discretion; executive body; general principle; independence; international civil service principles; member state; misuse of authority; official;
Judgment 1779
85th Session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal will review the [restructuring] process insofar as it may involve personal prejudice, abuse of authority or similar defects. But it is not for the Tribunal to decide what a normal procedure' for restructuring might be."
Keywords:
abuse of power; bias; discretion; flaw; judicial review; limits; misuse of authority; reorganisation;
Judgment 1732
84th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
It has been plain "that an allegation of personal prejudice will rarely be susceptible of direct proof and must usually be established by inference: see Judgment 495 [...]. Where there is a rational and legitimate explanation for the decision, however, the Tribunal should not be overzealous to infer bad faith or improper motive simply because the individuals concerned do not enjoy good personal relations."
Reference(s)
ILOAT Judgment(s): 495
Keywords:
abuse of power; bias; decision; evidence; grounds; misuse of authority; working relations;
Judgment 1729
84th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"While the Tribunal will not review the substance of discretionary administrative decisions [...] it does have the power to review the process leading to such decisions and to look into questions such as abuse of authority, incomplete consideration of the facts or failure to respect elementary principles of justice: see Judgment 1131 [...]."
Reference(s)
ILOAT Judgment(s): 1131
Keywords:
abuse of power; decision; discretion; disregard of essential fact; general principle; judicial review; mistake of law; misuse of authority;
Judgment 1713
84th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In choosing figures of local pay for the purpose of applying Flemming there can be no single hard-and-fast approach. As was held in Judgment 1265, the [ICSC] must be allowed some discretion over method, even though the Tribunal will still review the exercise of it. The decision impugned may not stand if, say, it overlooks or misconstrues some particular factor, or if some method is applied for the wilful contrivance of lower figures of local pay, or if corners are cut for the sake of saving time, but to the detriment of staff interests."
Reference(s)
ILOAT Judgment(s): 1265
Keywords:
abuse of power; discretion; disregard of essential fact; flaw; flemming principle; icsc decision; judicial review; mistake of fact; mistaken conclusion; misuse of authority; salary;
Judgment 1609
82nd Session, 1997
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
An international organisation is liable for the injury a staff member may cause in the performance of duty, and that includes injury to other members of staff. [...] An organisation will of course not be liable for private misconduct of an employee that has no link with the performance of duty. But misconduct in the context of employment is another matter. When someone whom the organisation has appointed to act as supervisor or director commits an abuse of authority, the subordinate who suffers injury thereby is entitled to damages.
Keywords:
abuse of power; compensation; complainant; condition; conduct; injury; liability; misconduct; misuse of authority; moral injury; organisation; supervisor;
Judgment 1585
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Any termination calculated to get rid of an unwanted candidate for a position would offend against the organization's interests and amount to misuse of authority."
Keywords:
abuse of power; candidate; competition; misuse of authority; organisation's interest; termination of employment;
Judgment 1564
82nd Session, 1997
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The firm case law has it that the Tribunal will not interfere with the comparison of entrants in a competition. Only when it appears that the choice of candidate may rest on some mistake of fact or law or there may have been misuse of authority will the Tribunal order the production of evidence so that it may review such comparison and will the complainant be entitled to see such evidence. In the instant case the review of the selection procedure reveals neither a breach of the Organization's Staff Regulations or other rules, nor any mistake of fact or law, nor misuse of authority."
Keywords:
abuse of power; candidate; case law; competition; confidential evidence; disclosure of evidence; discretion; due process; judicial review; limits; mistake of fact; misuse of authority; staff regulations and rules;
Judgment 1496
80th Session, 1996
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal would allow a complaint against a decision to transfer an official "if it were a hidden disciplinary sanction because there are specific procedural rules to protect a staff member when disciplinary action is taken: see for example Judgments 126, under 4 and 9, 1078, under 16, and 1407, under 18. In processing, ordering and notifying transfer an organisation must heed the staff member's dignity and good name and not cause unnecessary hardship: see Judgments 367, under 13 and 14, 631, under 27 and 28, 942, under 4, and 1234, under 15 and 19. And the decision must follow a proper enquiry: see Judgment 942, under 4."
Reference(s)
ILOAT Judgment(s): 126, 367, 631, 942, 1078, 1234, 1407
Keywords:
abuse of power; case law; due process; hidden disciplinary measure; inquiry; investigation; misuse of authority; moral injury; organisation's duties; respect for dignity; staff member's interest; transfer;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The complainants "quite wittingly consented [...] to the contracts of service they were offered and were aware that, being for a fixed term ,the contracts could not run beyond the period of two years they set. [They may not] object a posteriori to an essential term of the contract, viz. its duration, in an attempt to have it converted to a permanent appointment. They have adduced not a jot of evidence to suggest that the organisation acted in any but its own legitimate interests either when the contracts were made out or when they came to an end."
Keywords:
abuse of power; acceptance; contract; duration of appointment; evidence; fixed-term; lack of evidence; misuse of authority; permanent appointment; terms of appointment;
Judgment 1437
79th Session, 1995
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant was transferred against his wishes to another unit. Thereis no reason to regard his transfer as hidden disciplinary action or to attribute it to his staff union work, it having been taken in the organization's interests.
Keywords:
abuse of power; evidence; hidden disciplinary measure; judicial review; misuse of authority; organisation's interest; staff union activity; transfer;
Judgment 1436
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As was said for example in Judgment 1223, the Tribunal will not interfere with comparison of candidates in a competition. Only when it appears that the choice rests on a mistake of fact or law or that there has probably been misuse of authority will the Tribunal order the defendant to produce further evidence so that it may review such comparison."
Reference(s)
ILOAT Judgment(s): 1223
Keywords:
abuse of power; burden of proof; candidate; case law; competition; due process; evidence; further submissions; judicial review; mistake of fact; misuse of authority; presumption of innocence; qualifications; selection procedure;
Judgment 1392
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 35
Extract:
"There will be misuse of authority where the administration exercises it for some purpose other than those prescribed by law or, to put it more broadly, those that the general interest requires. A staff member who pleads misuse of authority, and the Tribunal that allows the plea, must be able to identify the improper purposes for which the authority [...] has been exercised."
Keywords:
abuse of power; burden of proof; definition; evidence; misuse of authority;
Judgment 1391
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Decisions taken by the organisation are subject to review on grounds such as bias, bad faith, malice and abuse of authority. When seeking to defend his interests by impugning any such decision, an employee is entitled to allege and attempt to establish such grounds. A fair decision cannot be reached upon such matters by an internal appeals body or by this Tribunal if witnesses, parties and their representatives are unable to speak candidly and without the risk of incurring a penalty for what they may say, and especially if one party is unduly inhibited by the fear that failure to prove his case my make him liable to disciplinary action by the other party."
Keywords:
abuse of power; bias; burden of proof; complainant; complaint; disciplinary measure; evidence; freedom of speech; internal appeal; internal appeals body; judicial review; misuse of authority; submissions; testimony; tribunal;
Judgment 1376
77th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"Any organisation that is serious about deterring sexual harassment and consequential abuse of authority by a superior officer must be seen to take proper action. In particular victims of such behaviour must feel confident that it will take their allegations seriously and not let them be victimised on that account. In this case the WHO has utterly failed to protect the complainant's rights."
Keywords:
abuse of power; bias; breach; misuse of authority; moral injury; negligence; organisation's duties; right to reply; sexual harassment; staff member's interest; supervisor;
Judgment 1352
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The complainant, who was dismissed at the end of probation, alleges that his supervisor's recommendation for extension of his probation was an abuse of authority "because it was not based on any adverse comment". The Tribunal holds that "he clearly thought that the complainant had not proved himself and required more time. His recommendation was no abuse of authority."
Keywords:
abuse of power; extension of contract; lack of injury; misuse of authority; probationary period; supervisor; termination of employment;
Judgment 1324
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
See Judgment 525, consideration 4.
Reference(s)
ILOAT Judgment(s): 525
Keywords:
abuse of power; amendment to the rules; decision-maker; discretion; disregard of essential fact; exception; executive head; formal flaw; home; home leave; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;
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