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Abuse of power (927,-666)

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Keywords: Abuse of power
Total judgments found: 161

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  • Judgment 2114


    92nd Session, 2002
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "When the measure takes the form of a reprimand, the Tribunal will exercise a limited power of review. It will not interfere 'unless the measure was taken without authority, or violates a rule of form or procedure, or is based on an error of fact or of law, or if essential facts have not been taken into consideration, or if it is tainted with abuse of authority, or if a clearly mistaken conclusion has been drawn from the facts'. (see Judgment 274, [...], under 2.)"

    Reference(s)

    ILOAT Judgment(s): 274

    Keywords:

    abuse of power; censure; conduct; decision-maker; disciplinary measure; disregard of essential fact; duty of discretion; formal flaw; freedom of speech; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • Judgment 2104


    92nd Session, 2002
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "Precedent says that there will be abuse of authority where the administration, though not overstepping its authority, uses 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 (in this case the authority not to renew a short-term appointment) has been exercised."

    Keywords:

    abuse of power; contract; definition; misuse of authority; non-renewal of contract; purpose; short-term;



  • Judgment 2090


    92nd Session, 2002
    International Federation of Red Cross and Red Crescent Societies
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The organisation asserts that "Article 1010.1 allows it to terminate an appointment by giving one month's notice per year of service [...] The Tribunal observes that [...] 1010.1 may not be interpreted as authorising [the organisation] to terminate [fixed- term] contracts arbitrarily. Decisions of this kind must be based on unsatisfactory performance, or the interests of the service. Furthermore, there must be no breach of adversarial procedure nor any error of fact or of law, nor abuse of authority, nor obvious misappraisal of the facts."

    Reference(s)

    Organization rules reference: ARTICLE 1010.1 OF THE IFRC STAFF REGULATIONS

    Keywords:

    abuse of power; adversarial proceedings; bias; contract; due process; duty to substantiate decision; fixed-term; grounds; mistake of fact; mistaken conclusion; misuse of authority; notice; organisation's duties; organisation's interest; provision; staff regulations and rules; termination of employment; unsatisfactory service;



  • Judgment 2040


    90th Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As the Tribunal has held in many judgments, a decision by an international organisation to make an appointment is a discretionary one and as such is subject to only limited review. It may be quashed only if it was taken without authority, or in breach of a rule of form or of procedure, or if it rested on an error of fact or of law, or if some essential fact was overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence. Moreover, the Tribunal will exercise its power of review with special caution in such cases and will not replace the organisation's assessment of the candidates with its own (see Judgment 1497 [...])."

    Reference(s)

    ILOAT Judgment(s): 1497

    Keywords:

    abuse of power; appointment; candidate; competition; decision; decision-maker; discretion; disregard of essential fact; flaw; formal flaw; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • Judgment 1977


    89th Session, 2000
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The complainant asserts that the Ad Hoc Panel failed to give reasons for its opinion because it did not give a reasoned reply to his assertion that it had been improperly constituted. The argument is ill conceived. The obligation of a disciplinary body to give reasons for its opinions is limited to the disciplinary matters remitted to it. The reason is so that the person subjected to a disciplinary measure may know why a penalty is being imposed upon him and may, if he thinks appropriate, appeal against the decision. But an administrative body, such as the Ad Hoc Panel, has no power and hence no obligation to decide in any definitive way upon its own remit. Of course, it must listen attentively to any objections that are made to the effect that it is exceeding or is about to exceed its powers and must take a position on such objections by either continuing to act or changing its course of action. But in the final analysis, the decision as to whether such a body is acting within its powers or beyond them must lie elsewhere and a person in the complainant's position suffers no prejudice from its failure to give reasons for declining to accede to his objections."

    Keywords:

    abuse of power; advisory body; composition of the internal appeals body; disciplinary procedure; duty to substantiate decision; misconduct; misuse of authority; purpose; report;



  • Judgment 1969


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The Tribunal will quash [...] a decision [of a discretionary nature] only if it was taken without authority, or if it was tainted with a procedural or formal flaw or based on a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence."

    Keywords:

    abuse of power; decision; decision-maker; discretion; disregard of essential fact; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;



  • 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;

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