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: 548
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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;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In order to invalidate the plea of lack of authority, it is enough to confirm that the Director-General did not overstep the limits of his powers, and it is not necessary to consider how he exercised those powers."
Keywords:
competence; decision-maker; discretion; executive head; judicial review;
Consideration 1
Extract:
In applying the provisions on post-grading the Director-General will exercise his discretion. The Director-General's decision to reject the complainant's request for regrading was in accordance with the material provisions, "that is to say [...] he took a decision which lay within his discretion."
Keywords:
discretion; judicial review; post classification;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It was within the sole discretion of the Director-General to decide upon the appropriate penalty, and the Administrative Tribunal cannot substitute its judgment for that of the head of the organization unless it finds that the penalty imposed is clearly out of proportion with the gravity of the offence". The complainant was suspended after reporting for work in a drunken state on several occasions and later dismissed.
Keywords:
disciplinary measure; discretion; judicial review; misconduct; proportionality; termination of employment;
Judgment 204
30th Session, 1973
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision, the pensionable age for officials is 62. The Director-General's decision was taken in pursuance of the above-mentioned provision. Although the provision empowers the Director-General to retain the services of an official beyond the age-limit, this derogation is confined to exceptional cases and lies within the discretion of the head of the organisation. In the present case, the Director-General's appraisal of the facts shows none of the flaws which the Tribunal may correct.
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; judicial review; provision; retirement; staff regulations and rules;
Judgment 200
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It appears from the documents in the dossier that the decision was taken solely on the grounds of the complainant's unsatisfactory service and that it is not tainted with any of the irregularities which enable the Tribunal to interfere with such decisions [...]."
Keywords:
increment withheld; judicial review; unsatisfactory service;
Considerations
Extract:
"[I]t appears from the minutes of the Advisory Board's meeting that, contrary to what the complainant alleges, he was given a hearing by the Board, and that in any case he was able to submit full written and oral observations to the Appeals Board, whose recommendation the Director-General accepted."
Keywords:
advisory body; increment withheld; internal appeals body; judicial review; right to reply; unsatisfactory service;
Judgment 197
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General "took the view that [the complainant, a probationer,] did not have the necessary qualifications for the post to which he was assigned [...] [His] decision was not tainted by illegality or based on incorrect facts [...], he did not fail to take account of essential facts, and did not draw from the evidence conclusions that are clearly false. The Tribunal's power to review the substance of this case is limited to the foregoing four points, and it cannot substitute its own judgment for that of the head of the organization."
Keywords:
discretion; judicial review; probationary period; qualifications; work appraisal;
Judgment 194
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's plea that the impugned decision should be quashed as being based on insufficient grounds succeeds. "[I]t is [...] for the Director-General to reopen the case and to consider, by such means as he may deem appropriate and after giving a hearing to [the complainant], whether the appraisal made by her immediate supervisor was well-founded and whether the non-confirmation of her appointment could legitimately be based on the provisions" cited.
Keywords:
case sent back to organisation; decision quashed; duty to substantiate decision; grounds; judicial review; probationary period; termination of employment; unsatisfactory service;
Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Provision is made under the Staff Rules "for termination of the appointment of a staff member who during his probationary period proves unsuitable for his post on medical grounds. Any decision taken under this provision lies within the Director-General's discretion, and can therefore be set aside by the tribunal only if [...]."
Keywords:
discretion; enforcement; health reasons; judicial review; medical fitness; probationary period; provision; staff regulations and rules; termination of employment; termination of employment for health reasons;
Judgment 191
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal must determine whether a decision taken by virtue of a discretionary authority "was taken with authority, is in regular form, whether the correct procedure has been followed and, as regards its legality under the organization's own rules, whether the administration's decision was based on an error of law or fact, or whether essential facts have not been taken into consideration, or again, whether conclusions which are clearly false have been drawn from the documents in the dossier, or finally, whether there has been a misuse of authority."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
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