Judicial review (538, 540, 542, 544, 547, 548, 549, 550, 551, 553, 555, 557, 558, 862, 559, 561, 563, 565, 569, 571, 572, 927, 841,-666)
You searched for:
Keywords: Judicial review
Total judgments found: 556
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Judgment 956
66th Session, 1989
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The case law says that when authorised to refuse, without notice or compensation, to renew such an appointment the Director-General has discretion which he exercises subject to an implied requirement of respect for the demands of efficient administration and for the organization's interests. The rule consistently applied is that, short of replacing the Director-General's appraisal of the evidence with its own, the Tribunal will set aside a decision not to renew that was taken without authority [...]".
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
Judgment 954
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"WHO Staff Rule 1050.1 allows termination of a staff member's temporary appointment before the date of expiry if the post he is on is abolished. Although the Director-General has discretion in deciding whether to do away with a post his decision is subject to review: the Tribunal will quash it if there has been breach of some procedural or formal rule [etc]".
Reference(s)
Organization rules reference: WHO STAFF RULE 1050.1
Keywords:
abolition of post; contract; discretion; fixed-term; judicial review; termination of employment;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The decisions determining the complainants' pay are [...] void because they rest on an invalid general decision of the Council's."
Keywords:
consequence; decision; executive body; flaw; general decision; individual decision; judicial review;
Judgment 929
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For several years the complainants have been trying to obtain review of the description and grading of their posts. Their claims have all been rejected. The Tribunal was satisfied that on the evidence the description of their duties was out of date. In the circumstances the organization committed a mistake of law by refusing to carry out the requested review.
Keywords:
amendment to the rules; elements; flaw; judicial review; post classification; post description;
Consideration 5
Extract:
"The grading of a post depends on evaluation of the work done and the degree of responsibility involved. Such evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere only if the organization is shown to have applied the wrong principles or drawn illogical conclusions."
Keywords:
discretion; judicial review; limits; post classification;
Judgment 916
65th Session, 1988
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In the case of dismissal of a probationer, the administration should be allowed the widest measure of discretion and the decision will be quashed only if the mistake or illegality was especially serious or glaring."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Judgment 901
64th Session, 1988
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Even where termination before expiry is due to the necessities of the service there must be explanation and justification of the decision because it amounts to unilateral breach of the contract. The Director-General does not then have the discretionary authority he may exercise on expiry and, for one thing, the Tribunal will consider whether the decision serves the organisation's interests, as it should."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; judicial review; organisation's interest; termination of employment;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Besides safeguarding the staff member's interests, the requirement [that the grounds on which a decision is based should be stated] enables the Tribunal to review, something it cannot do properly when the purpose and legal basis of the decision and the reasons underlying it are unexplained."
Keywords:
decision; duty to substantiate decision; judicial review; purpose;
Judgment 890
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The Tribunal may review the lawfulness of a decision by the appointing authority to extend probation. But because of the nature of the decision the Tribunal will, short of finding a formal or procedural flaw - which it does not in this case - exercise only limited review. [In such matters] the competent authority [is] allowed wide discretion".
Keywords:
competence of tribunal; discretion; extension of contract; judicial review; probationary period;
Judgment 885
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
"The interests of both justice and sound administration demand that the organisation endure litigation: it is not for the organisation but for the Tribunal itself to determine whether the complainant has abused his right of appeal and, if so, what ruling is fitting in the circumstances. [The organisation] may [...] submit that [the complainant] has abused the right of appeal and invite the Tribunal not just to dismiss his complaint but to declare it vexatious and, where appropriate, take any further action it thinks fit. For the foregoing reasons the Tribunal holds that it was wrong to impose the reprimand on the complainant and it must be quashed."
Keywords:
censure; competence; disciplinary measure; judicial review; organisation; right of appeal; vexatious complaint;
Judgment 880
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"As the Tribunal has often said, performance reports serve no purpose unless the supervisor has full freedom in commenting on performance. [...] The Tribunal will review the decision only where there has been blatant abuse of authority or breach of a formal or procedural rule".
Keywords:
discretion; judicial review; performance report; work appraisal;
Judgment 849
63rd Session, 1987
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The case law of the Tribunal supports the principle that when the Director General is granted authority not to renew a fixed-term appointment, and to do so without notice or indemnity, his power is discretionary and is subject to the implied condition that his authority must be exercised only for the good of the service and in the interests of the organization. The Tribunal has held that a decision not to renew a fixed-term contract taken in the exercise of this discretion is subject to review, but the consistent case law is that the Tribunal will interfere with the decision only if it was taken without authority, [...]".
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"Whether or not the decision [of the International Civil Service Commission] is put into the Staff Regulations is immaterial: be that as it may it is binding on the Director-General only if lawful."
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Consideration 22
Extract:
"Another plea of the complainants' is that the [International Civil Service] Commission misused its authority by availing itself of the post adjustment with the improper intent of checking an allegedly undue widening of the margin. One reason why the plea fails is that, as has been seen, the Commission acted intra vires. In authorising the Commission to suspend the increase in the post adjustment the Assembly also authorised the purpose of doing so."
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Consideration 21
Extract:
"The Tribunal is not competent to rule on the lawfulness of Assembly resolutions".
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Judgment 830
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Consideration 21
Extract:
See Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Judgment 829
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Vide Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Consideration 21
Extract:
Vide Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Consideration 18
Extract:
Vide Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 828
62nd Session, 1987
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Consideration 20
Extract:
See Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Judgment 827
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Consideration 21
Extract:
See Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 826
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Consideration 21
Extract:
See Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 825
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
See Judgment 831, consideration 21.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
competence of tribunal; general assembly resolution; judicial review;
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 824
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal may not replace with its own the Director-General's assessment of a staff member's conduct, work and qualifications. All it may do in the matter of an appointment, promotion or transfer is review the decision to see whether it was taken without authority, or whether there was a procedural or formal flaw, or a mistake of law or of fact, or abuse of authority, or a mistaken conclusion from the evidence, or whether some essential fact was overlooked."
Keywords:
appointment; conduct; discretion; judicial review; promotion; qualifications; transfer; work appraisal;
Judgment 820
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Only in exceptional circumstances - such as it found in Judgment 182 - will the Tribunal have comments struck out of a performance report, because the exercise of discretion demands broad freedom of speech."
Reference(s)
ILOAT Judgment(s): 182
Keywords:
application for quashing; competence of tribunal; discretion; judicial review; performance report; work appraisal;
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