Discretion (547, 548, 549, 550, 551,-666)
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Keywords: Discretion
Total judgments found: 609
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Judgment 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision "and the general principles of international public service, the provisional nature of his position denies a probationer the safeguards enjoyed by an established official or by the holder of a fixed-term appointment or of one without limit of time [...]. The Director-General may dismiss him if satisfied that he does not have the right qualifications."
Keywords:
discretion; international civil service principles; probationary period; safeguard; termination of employment;
Considerations
Extract:
"The Tribunal is competent to review the lawfulness of any decision by the Director-General [...]. In particular it may determine whether that decision [is tainted by any of the flaws which entitle the Tribunal to interfere]. The Tribunal may not [...] replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."
Keywords:
conduct; discretion; fitness for international civil service; judicial review; qualifications; work appraisal;
Judgment 316
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The decision to renew or not to renew a contract falls within the discretion of the Director-General. His conclusion that the allegations are not well founded must be accepted by the Tribunal unless he has misused his discretion."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 312
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director "did not act unlawfully in abolishing the Spanish-language post held by the complainant, [...] creating a new English-language post and preserving a French-language post. He made an appraisal of fact which, on these points, must prevail."
Keywords:
abolition of post; discretion; organisation's interest; reorganisation;
Considerations
Extract:
"In the circumstances, the Appeals Committee's finding that [the complainant] was [...] wholly commendable and that her retention in employment would have served the [organization's] interests was no reason for the Director-General, who bears sole responsibility for the smooth running of the organization, not to exercise his authority and, on the expiry of the complainant's appointment, either refuse her a new appointment [...] or conclude a new contract with her or with [someone with different qualifications]."
Keywords:
abolition of post; contract; discretion; fixed-term; non-renewal of contract; satisfactory service;
Judgment 310
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This was a decision which fell within the discretion of the Director-General and therefore the Tribunal's power of review is limited to certain grounds of which the only one here relevant would be an improper motivation. The main reason why the complainant's contract was not renewed was that his superiors considered that he was not the type of person who could work within a team. They may have been right or wrong about this, but a careful study of the dossier does not indicate the existence of any improper motive or of any other ground which could justify the intervention of the Tribunal."
Keywords:
contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract; working relations;
Judgment 304
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The decision not to promote [...] falls within the Director-General's discretionary authority. Hence the Tribunal will interfere with that decision only if [...]."
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 303
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The function of [careers] committees is purely advisory, and the criteria they adopt have no binding force. Hence, even though those criteria are not beyond reproach, the Director-General's decisions are not tainted on that account."
Keywords:
advisory body; binding character; criteria; discretion; executive head; promotion; promotion board;
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is true that marking may partly depend on subjective factors which have little or nothing to do with actual performance, but the complainants have not shown that they suffered on that account."
Keywords:
bias; burden of proof; discretion; judicial review; lack of evidence; rating; work appraisal;
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 299
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Director-General made an appraisal of facts which is not subject to review by the Tribunal."
Keywords:
discretion; judicial review; post classification;
Considerations
Extract:
"In view of the [applicable] provisions [...] the Tribunal holds that, although in this case the job description for a post is the sole basis which should be taken into account, it should cover not only purely descriptive material considerations but also subjective ones: account must be taken of, for example, staff members' actual responsibilities."
Keywords:
discretion; elements; post description;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The impugned decision not to extend the complainant's appointment [...] falls within the Director-General's discretionary authority."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 291
38th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whether or not to renew an appointment is a matter which falls within the Director-General's discretionary authority, and the Tribunal may interfere with a decision taken by the head of the organisation not to renew the appointment only if that decision [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 284
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[T]he officer-in-charge [...] and [...] the Director-General had before them all the relevant documents which the complainant also had seen and they had also the complainant's written replies. The question which they had to consider was not whether the complainant's evaluation of his services was to be preferred to that of his division director, but whether the latter was unjustified. On such a question a staff member cannot claim a right to an oral hearing; this must be within the discretion of the authority concerned and normally it would not be necessary."
Keywords:
discretion; right to reply; work appraisal;
Consideration 2
Extract:
"In such circumstances the principle which the Tribunal applies is that it 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."
Keywords:
discretion; increment withheld; judicial review; salary; step;
Judgment 283
37th Session, 1976
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal must determine whether the performance report given to the complainant was in all respects properly established, but it may not substitute its own opinion for that of the administration on the quality of the staff member's performance nor exercise any power of review over the administration's assessment."
Keywords:
discretion; judicial review; rating; work appraisal;
Judgment 281
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was one of a number of candidates for a post in the organization, appeals against the Director-General's decision to appoint another candidate. "Such a decision falls within the discretionary authority of the Director-General and accordingly the Tribunal has only a limited power of review."
Keywords:
appointment; candidate; competition; discretion; judicial review;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
According to the organization, the memorandum in question signified the initiation of disciplinary proceedings. But the memorandum was written "in the language of conclusions and not of allegations; it is impossible to argue that the writer of a letter which says that if the misconduct is repeated the offender may be dismissed, retains an open mind about whether or not misconduct had occurred. [...] The language of this memorandum disqualifies the Director-General from administering either a censure or a reprimand."
Keywords:
censure; consequence; decision; disciplinary measure; disciplinary procedure; discretion; reprimand;
Judgment 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."
Keywords:
amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;
Consideration 6
Extract:
"[I]t is permissible for the Director-General to determine that staff members whose home is in the country of their duty station are not eligible, since the visit would not then serve the purpose of maintaining international links. But once it is accepted that, as the Tribunal has held, on its proper construction the regulation provides that eligible members shall be paid the whole cost, it is not permissible for the Director-General to say that in certain circumstances only those members will be eligible who are prepared to pay part of the cost themselves."
Keywords:
amount; condition; dependant; discretion; home leave; limits; rate; refund;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although the Director-General enjoys discretionary authority in taking measures which entail abolishing a post, his decision is not wholly free from review by the Tribunal. It may be quashed if [...]."
Keywords:
abolition of post; discretion; judicial review;
Consideration 3
Extract:
In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."
Keywords:
abolition of post; appointment; discretion; external collaborator; judicial review; organisation's interest; reorganisation;
Judgment 268
36th Session, 1976
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The decision whether or not to extend a fixed-term appointment on its expiry falls within the discretionary authority of the Regional Director [in the present case] and, on appeal, within that of the Director-General. By reason of its very nature it is subject to only limited review by the Administrative Tribunal. In general the Tribunal will not interfere with that decision unless [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under the applicable provisions, headquarters officials must retire at the age of 62 "unless the Director-General [decides] otherwise for exceptional reasons in the interests of the organization." In the present case, "the Director-General abided by the general rule and was indeed in no way required to grant an exemption."
Keywords:
age limit; contract; discretion; extension beyond retirement age; headquarters official; organisation's interest; retirement;
Summary
Extract:
The age limit for headquarters officials is 62, unless otherwise decided by the Director-General for exceptional reasons; for field officials there is a possibility of remaining in service until 65, but not as a matter of course [not applicable to holders of fixed-term appointments]. The complainant had been appointed project director; he was subsequently recalled to headquarters and informed that his contract would terminate. The Tribunal dismisses his claim for the quashing of the decision to retire him.
Keywords:
age limit; contract; difference; discretion; exception; executive head; extension beyond retirement age; field; headquarters official; retirement;
Judgment 266
36th Session, 1976
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The total or partial renewal of a fixed-term contract, to which an official is in no way entitled, is a decision which falls within the discretionary authority of the head of the organisation alone. The Tribunal will not interfere with such a decision unless [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
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