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)

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Keywords: Judicial review
Total judgments found: 556

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• Judgment 262

  
  35th Session, 1975
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  Vide Judgment 263, consideration 2.

  Keywords:

  discretion; flaw; judicial review; promotion; provision; staff regulations and rules;
  

  Consideration 1

  Extract:

  Vide Judgment 263, consideration 2.

  Keywords:

  discretion; judicial review; promotion;
  

  
  
  

• Judgment 254

  
  34th Session, 1975
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "The Tribunal will not construe appraisal reports as if they were clauses in the Staff Rules. Indeed, the Tribunal will not normally entertain complaints about the contents of appraisal reports and will grant relief only if they show a total misconception of the situation."

  Keywords:

  application for quashing; competence of tribunal; interpretation; judicial review; performance report; rebuttal;
  

  
  
  

• Judgment 252

  
  34th Session, 1975
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant contends that his functions should be assigned to the next grade up. The Tribunal, having examined the matter in detail comparing the post descriptions and statutory definitions of the two grades in question ["messenger" and "doorkeeper"], holds that the complainant's argument is unfounded and that the Director-General did not exceed or abuse his discretionary authority. The complaint is dismissed.

  Keywords:

  discretion; grade; judicial review; post classification; post description;
  

  Consideration 1

  Extract:

  "In all cases grading a post requires close familiarity with the conditions in which the incumbent works. It is therefore a discretionary decision which in general the Tribunal may not interfere with unless it was taken without authority, or violates [...]."

  Keywords:

  criteria; discretion; judicial review; post classification;
  

  
  
  

• Judgment 251

  
  34th Session, 1975
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "In this case the décision not to extend or convert the complainant's appointment is not tainted with any irregularity which entitles the Tribunal to interfere. That decision is based on the abolition of the complainant's post - made redundant by the installation of three computers - and that is a plausible reason for not extending an appointment which has expired."

  Keywords:

  abolition of post; contract; fixed-term; grounds; judicial review; non-renewal of contract; reorganisation;
  

  Consideration 2

  Extract:

  "A decision not to extend a fixed-term appointment or not to convert it into an appointment of indeterminate duration falls within the Director-General's discretionary authority. Hence the Tribunal may quash it only if [...]."

  Keywords:

  contract; discretion; fixed-term; judicial review; non-renewal of contract; offer; permanent appointment;
  

  
  
  

• Judgment 249

  
  34th Session, 1975
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  According to the applicable provision and the principle whereby final administrative decisions may not be interfered with, the exceptional power be stowed on the Secretary-General to reopen a case forms part of his purely discretionary authority; "the Tribunal may not review his exercise of that power unless, for example, there is an error of law or of fact or an obvious mistake of interpretation."

  Keywords:

  case reopened; discretion; executive head; judicial review;
  

  
  
  

• Judgment 248

  
  34th Session, 1975
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant was warned by her supervisors that the quality of her services was not satisfactory; she was transferred to allow her to get adapted; different chiefs found her to be incompetent; she "received several warnings that if her services did not improve the organization would feel bound to dismiss her under Staff Regulation [...] The Tribunal holds that not only was the correct procedure followed for dismissing her but the organization actually showed great forbearance and consideration towards her."

  Keywords:

  judicial review; termination of employment; transfer; unsatisfactory service; warning;
  

  
  
  

• Judgment 247

  
  33rd Session, 1974
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The decision to with hold an increment from an officer is [...] a discretionary decision depending upon an evaluation made by the officer's superiors. The Tribunal will not interfere with such a decision unless it is based, among other things, on an error of law or a clearly mistaken conclusion on the facts."

  Keywords:

  discretion; increment withheld; judicial review; unsatisfactory service;
  

  
  
  

• Judgment 245

  
  33rd Session, 1974
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "[The] argument [of misuse of authority] can be accepted only if the Director-General was actuated by improper motives. Since it is the Director-General's duty to safeguard the [organisation's] interests at all times, the question arises whether the impugned decision [not to renew the complainant's contract] is in accordance with those interests. the tribunal will not substitute its own opinion of the nature of the [organisation's] interests for that of the highest authorities of the administration, which are the sole judges."

  Keywords:

  abuse of power; contract; discretion; fixed-term; judicial review; misuse of authority; non-renewal of contract; organisation's interest;
  

  
  
  

• Judgment 243

  
  33rd Session, 1974
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "[T]he Administrative Tribunal may interfere with a decision [...] refusing to extend a fixed-term appointment only if [...]."

  Keywords:

  contract; discretion; fixed-term; judicial review; non-renewal of contract;
  

  
  
  

• Judgment 241

  
  33rd Session, 1974
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  According to the complainant, the decision not to renew her contract was taken on mistaken grounds, that is on incorrect facts. In concluding that there had been no prejudice, that her case had been fully examined and that despite warnings her work performance had not improved, the Director-General "took account of facts which are not proved to be incorrect." Each of these points is confirmed by the evidence in the dossier.

  Keywords:

  contract; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; warning;
  

  
  
  

• Judgment 237

  
  33rd Session, 1974
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The serious misconduct with which the complainant was charged consisted of 1) taking an official car and using it for his own purposes and returning it in a damaged condition; 2) reporting for duty the next day in an intoxicated condition. On the first charge, the Tribunal "concludes that in the circumstances the complainant's misconduct justified his dismissal under the regulations." The second charge was not serious enough to warrant dismissal, but since the first was sufficient, "this conclusion is immaterial."

  Keywords:

  conduct; disciplinary measure; judicial review; proportionality; serious misconduct; termination of employment;
  

  
  
  

• Judgment 232

  
  32nd Session, 1974
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  As with any appraisal by the Director-General of an official's performance, the tribunal may "interfere with the impugned decision only if it was taken without authority, is irregular in form or tainted by procedural irregularities or by illegality, or is based on incorrect facts, or if essential facts have not been taken into consideration, or, again, if conclusions which are clearly false have been drawn from the documents in the dossier, or finally, if authority has been exercised for purposes foreign to the organization's interests."

  Keywords:

  discretion; judicial review; performance report; rating; rebuttal; work appraisal;
  

  
  
  

• Judgment 230

  
  32nd Session, 1974
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The decision to extend the complainant's appointment [...] was taken in the exercise of discretion. The Tribunal can therefore interfere with it only if [...]."

  Keywords:

  contract; discretion; fixed-term; judicial review; non-renewal of contract;
  

  
  
  

• Judgment 229

  
  32nd Session, 1974
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2(e)

  Extract:

  Provision is made under the Staff Regulations for the automatic expiry of fixed-term appointments and the material provision expressly states that such appointments carry no expectation of renewal. "Being in conformity with this provision the impugned decision is not based on any error of law. The duration of her appointment does not invalidate this finding, since there is no provision of the Staff Regulations or of her contract of appointment requiring the organisation to take account of the duration of the appointment." (The complainant had been advised of the impending non-renewal of her contract after 6 years of service.)

  Keywords:

  contract; fixed-term; judicial review; legitimate expectation; non-renewal of contract; organisation's duties; successive contracts;
  

  
  
  

• Judgment 227

  
  32nd Session, 1974
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  By submitting his resignation, the complainant deprived himself of the right to reinstatement in the organization. "As it is free from illegality, the decision not to reinstate the complainant does not entitle him to any compensation."

  Keywords:

  judicial review; organisation; refusal; reinstatement; resignation;
  

  
  
  

• Judgment 226

  
  32nd Session, 1974
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Although the dossier as supplemented by the report on the inquiry reveals obvious animosity towards the complainant on the part of her immediate supervisor and the criticisms of her appear fairly mild, especially since she was a beginner, and cast no doubt whatever on her professional competence, it does not appear from the dossier that the impugned decision with regard to a probationer was tainted with any of the irregularities which entitle the Tribunal to interfere."

  Reference(s)

  ILOAT Judgment(s): 194
  

  Keywords:

  bias; flaw; judicial review; probationary period; satisfactory service; supervisor;
  

  Considerations

  Extract:

  "In complaints against a decision of the Director-General to terminate a staff member's probation or not to confirm his appointment, the Administrative Tribunal may interfere with that decision only if it was taken without authority [...]."

  Reference(s)

  ILOAT Judgment(s): 194
  

  Keywords:

  discretion; judicial review; probationary period; refusal; termination of employment;
  

  
  
  

• Judgment 223

  
  31st Session, 1973
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The retirement age is fixed at sixty. "[I]n exceptional cases the Director may retain an official in service until the age of sixty-five. The text [...] allows the Director full discretion in determining the special cases in which an official may be retained in service beyond the normal age limit. The Director thus enjoys discretionary power in this respect".

  Keywords:

  age limit; contract; discretion; exception; extension beyond retirement age; judicial review; retirement;
  

  Considerations

  Extract:

  "[T]he Tribunal's competence to review the legality of the decision is confined to determining, among other things, whether the impugned decision is tainted by misuse of authority."

  Keywords:

  contract; fixed-term; judicial review; non-renewal of contract;
  

  
  
  

• Judgment 220

  
  31st Session, 1973
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "[T]he competence of the Tribunal to review the legality of the decisions taken by the Director-General within his discretionary powers is restricted to ascertaining whether the decision impugned is based on incorrect facts or an error of law and whether it constitutes a misuse of authority."

  Keywords:

  decision; discretion; executive head; judicial review;
  

  Considerations

  Extract:

  Under certain conditions, officials may have a portion of their remuneration transferred. The exchange regulations lie within the discretion of the Director-General. The competence of the Tribunal to review "the legality of the decisions taken by the Director-General within his discretionary powers is restricted".

  Keywords:

  discretion; exchange rate; judicial review; salary;
  

  
  
  

• Judgment 212

  
  31st Session, 1973
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Responsibility for the assignment of a staff member to a specific post lies with the Director-General, who as the responsible head of the organization has full discretion in the matter. It does not appear from the evidence in the dossier that the Director-General's decision in the present case was tainted by any of the irregularities which the Tribunal is competent to censure."

  Keywords:

  assignment; discretion; judicial review;
  

  
  
  

• Judgment 211

  
  30th Session, 1973
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The principle that the Tribunal will not interfere, except upon particular and limited grounds such as prejudice or incorrect appreciation of facts or formal or procedural irregularity, with decisions of the Director-General on matters that fall within his discretion applies with special force to the form and contents of such documents as appraisal reports and certificates of service."

  Keywords:

  certificate of service; discretion; judicial review; performance report; work appraisal;
  

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