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Recommendation (90,-666)

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Keywords: Recommendation
Total judgments found: 72

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  • Judgment 513


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The complainant seeks the quashing of the decisions of the Internal Board of Appeal and the Director-General to reject his appeal in accordance with the Board's recommendation. Only the latter decision, the final one, which is in accordance with Article VII of the Statute."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE STATUTE

    Keywords:

    application for quashing; competence of tribunal; decision; iloat statute; internal appeals body; recommendation; report;



  • Judgment 446


    46th Session, 1981
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    By a majority opinion of 3 to 5, the internal appeals body recommended not reclassifying the complainant's post. The Director-General accepted that view. "The question is one for a general appreciation by persons who are familiar with the working conditions". Unless there is clear evidence of a mistaken approach to the problem, the view of the majority (and of the Director-General) must be accepted.

    Keywords:

    discretion; internal appeals body; post classification; recommendation;



  • Judgment 421


    45th Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    the complainant contends that the recommendation on which the director acted was vitiated by prejudice against him. he mentions three points relating to his nationality and previous conduct. "there is no reason to think that any of these matters, if and insofar as they were known to the two members of the working party, influenced their conclusions in any way." the working party had been set up to advise the director-general on staff reductions. on the day of the meeting to consider the complainant's case, the working party consisted of only two members appointed by the administration.

    Keywords:

    bias; flaw; internal appeals body; lack of evidence; recommendation;



  • Judgment 408


    44th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The decision in this case turns at least as much on appraisal of oral statements as on that of written evidence, and the Tribunal would be hard put to pass judgment without knowing the [Appeals] Board's views. The appeal to the Board is therefore no empty formality."

    Keywords:

    internal appeal; internal appeals body; internal remedies exhausted; purpose; recommendation; tribunal;



  • Judgment 397


    43rd Session, 1980
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Although the complainant's argument was endorsed by the Appeal Board and did perhaps have some truth in it, it is not borne out by sufficient evidence for the Tribunal to find that the Secretary-General drew clearly mistaken conclusions from the facts."

    Keywords:

    binding character; consequence; internal appeals body; judgment of the tribunal; recommendation; tribunal;



  • Judgment 333


    40th Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The members of a committee set up to examine appeals against post grading decisions began their work and subsequently resigned. Instead of following the recommendations already made by the old committee, the Director-General set up a new one. He was therefore bound to start the proceedings all over again. To be lawful the new committee's recommendations could only be made after hearing the persons concerned. The Director-General's decisions based on unlawful recommendations are quashed. The case is "referred back to the Director-General for a new decision, to be taken after due consultation of the [...] grading appeals committee."

    Keywords:

    flaw; internal appeals body; organisation's duties; procedural flaw; procedure before the tribunal; recommendation;



  • Judgment 297


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In its report the Appeals Committee set out the parties' allegations and commented on them. The Director-General knew of the Committee's report since he expressed his views on it. He was therefore aware of the facts which the complainant alleges were essential, and there is nothing to suggest that he disregarded them."

    Keywords:

    contract; disregard of essential fact; fixed-term; internal appeals body; non-renewal of contract; recommendation;

    Consideration 2

    Extract:

    "The Tribunal might go as far as to impute an error of law to the Director-General if the impugned decision were tainted with an inconsistency. But it is not so. Contrary to what the complainant suggests, the Director-General apparently accepted the recommendation unreservedly and did not overlook it: indeed he actually explained how he would take account of it."

    Keywords:

    acceptance; executive head; internal appeals body; recommendation;

    Consideration 2

    Extract:

    The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."

    Keywords:

    advisory body; binding character; decision; enforcement; executive head; internal appeals body; recommendation;



  • Judgment 277


    37th Session, 1976
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The organisation maintains that the internal appeal was time-barred and therefore irreceivable. "According to Article VII, paragraph 1, of its Statute [the Tribunal] is required to consider merely whether the internal means of redress have been exhausted - in this case whether the Director-General's" original decision led to a recommendation by the Appeals Committee. That condition is undoubtedly fulfilled, and the complaint is therefore receivable."

    Reference(s)

    ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE

    Keywords:

    complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; judicial review; receivability of the complaint; recommendation; time bar;

    Consideration 1

    Extract:

    "It is immaterial that the Appeals Committee may have erred in hearing the appeal. The fact is that it gave its views and consequently the complainant had recourse to the internal means of redress available to him."

    Keywords:

    consequence; internal appeal; internal appeals body; internal remedies exhausted; mistaken hearing of merits; receivability of the complaint; recommendation; time bar; time limit;



  • 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;



  • Judgment 158


    24th Session, 1970
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."

    Keywords:

    advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;



  • Judgment 149


    23rd Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."

    Keywords:

    bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;



  • 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;

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