Discretion (547, 548, 549, 550, 551,-666)
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Keywords: Discretion
Total judgments found: 609
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Judgment 265
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General of the organisation, by virtue of the general authority conferred on him as such and in the interests of efficiency, is empowered to change the duties assigned to his subordinates provided that that change is not tainted with any flaw which entitles the Tribunal to interfere. In the present case it is not disputed that the change was not so tainted. In particular, it does not appear from the documents in the dossier that the impugned decision was taken from any motive other than a desire to promote work efficiency."
Keywords:
amendment to the rules; assignment; consequence; discontinuance; discretion; judicial review; organisation's interest; special post allowance;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Director-General may before taking decisions lay down rules for promotion which he notifies to the staff. In formulating the rules the Director-General exercises real discretionary authority; accordingly, when the Tribunal has to determine the validity of such rules its power of review takes the limited form already described.
Keywords:
discretion; flaw; judicial review; promotion; provision; staff regulations and rules;
Consideration 2
Extract:
"[A]s a rule the decision whether or not to promote an official falls within the discretionary authority of the Director-General and is therefore subject to only limited review by the Tribunal. In general the Tribunal will not interfere with the decision unless [...]."
Keywords:
discretion; judicial review; promotion;
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 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:
"It is for the competent body and in the last resort the Director-General to grade each staff member. Certain criteria have to be followed. [...] Further, the competent body will not base its grading exclusively on the text of the [Regulations] and post description, but will also consider the qualifications and degree of responsibility required by each."
Keywords:
criteria; discretion; grade; 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:
The refusal to extend the complainant's appointment is based on the abolition of the complainant's post. Considering the length of his service, the complainant might have expected to be kept on, but "it does not follow that the Director-General exceeded his discretionary authority in taking a decision which there is no reason to doubt was in accordance with the interests of the organization in his charge."
Keywords:
abolition of post; contract; discretion; fixed-term; legitimate expectation; non-renewal of contract; organisation's interest;
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 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;
Consideration 6
Extract:
"It appears [...] from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."
Keywords:
discretion; moral injury; performance report; unsatisfactory service; work appraisal;
Consideration 4
Extract:
"[T]he complainant alleges that the nature of his duties did not match the description in his contract of appointment. It is inherent, however, in the nature of his supervisory authority that a head of branch should be free to employ his subordinates in the best interests of his branch with due regard to their qualifications. At the highest level, moreover, the Director-General enjoys similar authority [...] to safeguard the interests of the organisation."
Keywords:
assignment; contract; difference; discretion; executive head; organisation's duties; organisation's interest; post description; supervisor;
Judgment 238
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The process of selection of civil servants should by its very nature be based not just on the results of an examination but on any other useful criteria. Account should be taken, not only of the candidates' possession of the expressly stipulated qualifications, but of their degrees and of their professional experience, which in itself constitutes a criterion for selection and one of particular relevance in recruiting civil servants."
Keywords:
appointment; competition; condition; degree; discretion; elements; open competition; professional experience; vacancy;
Considerations
Extract:
"An internal competition, of which the main purpose is to promote existing staff members, normally entails taking into consideration all the information available to the organisation concerning them, and in particular information which allows of appraising the professional experience of the candidates."
Keywords:
appointment; competition; discretion; elements; internal competition; professional experience; promotion; purpose;
Considerations
Extract:
According to the vacancy notice, "the vacancy was to be filled, not by a competition in the strict sense of the term, but by selection. The process of selection of civil servants should by its very nature be based [...] on any [...] useful criteria."
Keywords:
appointment; competition; condition; discretion; open competition; vacancy; vacancy notice;
Considerations
Extract:
"[T]he board of examiners had a duty to determine whether or not the candidates should take a written examination. According to the notice of vacancy itself, the board was not obliged to hold such an examination. It was also free to decide, in the light of its inquiries, to choose only one candidate, even though provision had been made for filling two vacancies [...]."
Keywords:
appointment; competition; discretion; internal competition;
Considerations
Extract:
"In taking previous performance [of serving staff members] as one of its criteria for the classification of candidates, the Board of examiners [...] did not exceed its proper authority to make a general assessment of them and make a choice."
Keywords:
appointment; competition; condition; discretion; elements; internal competition; work appraisal;
Considerations
Extract:
"[T]he Selection Board had to select the best candidates by various criteria [...]. It was therefore entitled, after marking the written papers, to ask the organisation to reveal the names of the candidates so that it could fulfil its task by assessing the general suitability of each of them for employment in the international civil service."
Keywords:
appointment; candidate; competition; discretion; fitness for international civil service; open competition; qualifications; selection board;
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 226
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Considerations
Extract:
"A staff member on probation may ordinarily expect to receive an appointment of indeterminate duration at the end of the probation period [...] A decision taken by the Director-General, either during or at the end of the probation period, not to confirm the staff member's appointment is one which falls within his discretion."
Reference(s)
ILOAT Judgment(s): 194
Keywords:
discretion; probationary period;
Judgment 225
32nd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
Under the material provision, a staff member may with the consent of the Director-General waive the jurisdiction of the internal body and appeal directly to the Administrative Tribunal. "[T]he Director-General's authorization of such waiver is a derogation from the normal procedure prescribed by the Staff Regulations and can properly be allowed only in exceptional cases which the Director-General himself shall determine. The Administrative Tribunal is not competent to waive the requirement that the complainant should first appeal to [the internal body]."
Keywords:
acceptance; competence of tribunal; direct appeal to tribunal; discretion; exception; executive head; internal remedies exhausted; receivability of the complaint;
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;
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;
Consideration 3
Extract:
"In the preparation of such documents opinions will naturally differ about what aspects of the service should be stressed and what evaluations made; such differences must [...] be resolved by the Director-General whose responsibility it is to determine whether a certificate of service is in substance and language just and fair."
Keywords:
certificate of service; different appraisals; discretion; formal requirements; 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;
Consideration 2
Extract:
"Insofar as [the Regulations] confer certain powers on the Director-General in respect of grading, they do not determine the substance of the measures to be taken. [...] Consequently in applying different standards in 1971 from those which had been applicable in 1968 the Director-General did not exceed his authority."
Keywords:
discretion; enforcement; post classification; staff regulations and rules;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General adopted the recommendation of the internal appeals body; neither he nor the appeals body was bound by the recommendations of the Disciplinary Committee "and he could lawfully impose a penalty more severe than had been recommended by those bodies."
Keywords:
binding character; decision; disciplinary measure; discretion; enforcement; executive head; internal appeals body; recommendation;
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;
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