Discretion (547, 548, 549, 550, 551,-666)

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Keywords: Discretion
Total judgments found: 609

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• Judgment 127

  
  20th Session, 1968
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The complainant's appointment was terminated on the ground that the necessities of the service required the abolition of the post. "The relevance of the reason given is a matter which falls within the discretion of the Director-General, and in principle the Tribunal is not competent to rule on the expediency of action taken by the organization in the light of the necessities of the service to fulfil its aims. It follows that the Tribunal may not substitute its own judgment for that of the Director-General in respect of the desirability of continuing complainant's employment, having regard to the necessities of the service."

  Keywords:

  abolition of post; discretion; judicial review; organisation's interest;
  

  
  
  

• Judgment 126

  
  20th Session, 1968
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "[W]hile as a general rule employees in a given grade must be assigned to work normally done by members of that grade, it is within the discretion of the Director-General, provided that there is no change in the grade or reduction in salary, nor any lowering of the dignity of the persons concerned, to assign them to work done by lower-grade employees if the needs of the service so require".

  Keywords:

  assignment; discretion; downgrading; grade; limits; organisation's duties; organisation's interest; respect for dignity; salary; transfer;
  

  Consideration 9

  Extract:

  Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.

  Keywords:

  discretion; fitness for international civil service; judicial review; organisation's interest; qualifications; termination of employment; work appraisal;
  

  
  
  

• Judgment 121

  
  20th Session, 1968
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The renewal or non-renewal of a contract of employment is a matter within the discretion of the Director-General. Accordingly the Tribunal will not interfere with his decision unless it [...]. The Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct or qualifications of the person concerned."

  Keywords:

  conduct; contract; discretion; fixed-term; judicial review; non-renewal of contract; work appraisal;
  

  
  
  

• Judgment 118

  
  19th Session, 1968
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3(B)

  Extract:

  "When issuing a certificate under the terms of [the applicable provision], the Director-General makes an assessment of the performance of the person concerned which is not open to discussion before the Administrative Tribunal; the Tribunal can only check whether all the particulars specified in the aforesaid [provision] have been supplied, and ascertain that the assessment made by the competent authority is not based on materially incorrect facts or on obviously wrong conclusions drawn from the evidence in the dossier."

  Keywords:

  certificate of service; discretion; formal requirements; judicial review; work appraisal;
  

  
  
  

• Judgment 116

  
  19th Session, 1968
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  On the occasion of the partial renewals of her contracts, the complainant was advised to improve her performance. In concluding that the complainant's performance was still unsatisfactory and that her appointment should not be extended beyond the date of expiry, the Director-General gave a ruling which exhibits none of the flaws which may cause the Tribunal to interfere with such a decision. It has not, in particular, been established that the critical observations made of the complainant's work were based on materially incorrect facts.

  Keywords:

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

  
  
  

• Judgment 115

  
  18th Session, 1967
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The applicable texts give "the Secretary-General discretionary power to assign staff members in the best interests of the organization, taking account in particular of the qualifications of the person concerned."

  Keywords:

  assignment; discretion; organisation's interest; qualifications; transfer;
  

  
  
  

• Judgment 111

  
  17th Session, 1967
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 4-5

  Extract:

  The complainant made use of statements in the proceedings before the Tribunal "as tracts designed to discredit [the organisation] and the Administrative Tribunal." His actions could not have been directed to defending his freedom and rights. They were undoubtedly related to "activities exercised by [him] as an official of the organisation; as such they constituted serious misconduct and were consequently such as to justify the legal application of a disciplinary sanction [...] the free choice of the sanction to be imposed was within the Director-General's discretion."

  Keywords:

  disciplinary measure; discretion; duty of discretion; organisation's reputation; serious misconduct; vexatious complaint;
  

  
  
  

• Judgment 109

  
  17th Session, 1967
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The decision impugned was taken on the basis, in particular, of the reports of her two [...] chiefs; these reports deal with specific points which are not invalidated by any of the evidence in the dossier. From these facts as a whole the [...] Director [...] could conclude that complainant's service was unsatisfactory, without exceeding his discretion. However, his decision was taken only after he had personally heard [the complainant], who was given the opportunity of fully defending her views."

  Keywords:

  discretion; probation report; probationary period; right to reply; termination of employment; unsatisfactory service;
  

  Consideration 3

  Extract:

  "While the Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period [...], the Tribunal may not, however, substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his or her suitability for international service."

  Keywords:

  competence of tribunal; discretion; judicial review; probationary period; qualifications; termination of employment;
  

  
  
  

• Judgment 106

  
  17th Session, 1967
  United International Bureaux for the Protection of Intellectual Property
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5(B)

  Extract:

  "Having conformed to his two-fold [statutory] obligation [to hear the opinion of the ad hoc committee and to base himself on the standards observed in other international organisations] the Director is free to exercise his discretion in carrying out the responsibilities assigned to him. It follows that the Administrative Tribunal must confine itself to determining whether" [at issue is the classification of posts].

  Keywords:

  advisory body; consultation; discretion; judicial review; limits; post classification; rule of another organisation;
  

  Consideration 6

  Extract:

  The Tribunal's review has brought to light no irregularities. "While the Director in the exercise of his discretion might have arrived at a more favourable decision in respect of complainant, whose professional competence has never been questioned, it is not for the Tribunal, having exercised its power of review, to substitute its own judgment for that of the responsible authority."

  Keywords:

  discretion; judicial review; post classification;
  

  
  
  

• Judgment 93

  
  16th Session, 1966
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".

  Keywords:

  burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination of employment;
  

  Consideration 3

  Extract:

  Clause (vi) of the material provision stipulates that the appointment may be terminated in the interests of the organization. "The power in clause (vi) cannot be read as an absolute power exercisable in all cases, but must be read subject to a condition limiting the type of case in which it can be exercised. The condition must be framed in the light of the fact that the power will normally be used in the case of a satisfactory officer, since an unsatisfactory officer can normally be dealt with [under clauses (i) to (v)]."

  Keywords:

  discretion; organisation's interest; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 84

  
  14th Session, 1965
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The decision of the Director-General to terminate the contract upon expiry of the probationary period was based "upon his conclusion that the services of the complainant had ceased to be satisfactory. In arriving at this conclusion the Director-General was exercising his discretion. Therefore, while the Tribunal is competent to review this decision [...], the Tribunal cannot substitute its own opinion for that of the Director-General."

  Keywords:

  discretion; judicial review; probationary period; termination of employment; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 70

  
  12th Session, 1964
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration II (2)

  Extract:

  "The Director-General's power to decide in any case submitted to him whether or not [the] conditions [for waiver of immunity] apply is, in view of its specific character which necessarily involves relations between the organisation and a third party, completely beyond the control of the Administrative Tribunal."

  Keywords:

  competence of tribunal; complaint; discretion; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; waiver of immunity;
  

  
  
  

• Judgment 65

  
  11th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  Vide Judgment 65, consideration 1.

  Keywords:

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

  
  
  

• Judgment 61

  
  10th Session, 1962
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 27

  Extract:

  The payment of family allowances is abolished in certain cases, although the entitlement has simultaneously been extended and the rates increased. The decision-making body, "far from infringing [the complainant's] rights, merely altered the conditions for the grant of family allowances within the framework of a family welfare policy which it is entitled to establish. Moreover, the changes are in general favourable to the interests of those concerned. The complaint is therefore not justified in this respect".

  Keywords:

  acquired right; amendment to the rules; discretion; family allowance; provision; staff regulations and rules;
  

  
  
  

• Judgment 56

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  Vide Judgment 65, consideration 2.

  Reference(s)

  ILOAT Judgment(s): 65
  

  Keywords:

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

  
  
  

• Judgment 53

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "While the Tribunal is competent to review any decision of the Director-General to terminate the appointment of [an] official, insofar as it may be tainted [etc.]. The Tribunal will not substitute its own opinion for that of the Director-General as regards the conduct or suitability of an official for international service."

  Keywords:

  conduct; discretion; fitness for international civil service; judicial review; work appraisal;
  

  
  
  

• Judgment 47

  
  8th Session, 1960
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "While the Tribunal remains competent to review any decision of the Director-General taken in accordance with [the applicable provisions], insofar as it may be tainted [...], the Tribunal shall not substitute its own opinion for that of the Director-General." At issue is the determination of the complainant's nationality for the purpose of defining her status.

  Keywords:

  competence of tribunal; discretion; judicial review; local status; nationality; non-local status;
  

  
  
  

• Judgment 41

  
  8th Session, 1960
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  A provision of the Staff Regulations lays down the principle of entitlement to sick or maternity leave and empowers the Director-General to issue rules governing the grant of such leave. On [date] "the Director-General had not yet made use of the power that had been granted to him, so that it was for the Director-General, on receipt of a request for maternity leave from [the complainant], to determine the manner in which the application would be granted."

  Keywords:

  amendment to the rules; condition; discretion; enforcement; maternity leave; provision; sick leave; staff regulations and rules;
  

  
  
  

• Judgment 39

  
  7th Session, 1958
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "In the absence of any evidence that a particular decision taken in virtue of [the sovereign authority of the legislative organs and the Secretary-General] was arbitrary or in bad faith [...] the Tribunal cannot constitute itself as a body competent to scrutinise the classification of officials and thus to assume a hierarchical authority over the organisation and its executive head."

  Keywords:

  competence of tribunal; discretion; grade; judicial review; post classification;
  

  Considerations

  Extract:

  "Any complaint relying in substance on an individual appreciation of the relative merits of one official as against another is bad in law and must fail, the Tribunal not having jurisdiction in the absence of evidence showing that the complainant was the subject of arbitrary or improper treatment amounting to an illegality under the Staff Regulations."

  Keywords:

  competence of tribunal; discretion; work appraisal;
  

  
  
  

• Judgment 36

  
  7th Session, 1958
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Although leave is granted on a request approved by the supervisor, such approval is subject to the requirements of the service [...]. The supervisor's discretionary power to determine such requirements is not a matter subject to control by the Tribunal [...]. Far from proving the 'excès de pouvoir' which he alleges, the complainant's case on this point is devoid of substance [...]. The refusal to grant the leave requested by the complainant therefore appears justified."

  Keywords:

  annual leave; discretion; leave; organisation's interest; refusal; right; supervisor;
  

  Considerations

  Extract:

  "In drawing up the complainant's annual report, his supervisor did not deny the validity of the medical certificate submitted by the complainant to justify his absence but justly criticised the discourteous manner in which he had made use of a medical certificate to remain away from work [...]. The evaluation expressed in that report was made within the exercise of a discretion and constituted only a [preliminary] opinion [...]. There can be no recourse to the Tribunal in relation to this evaluation." The complainant was granted an annual increment on the basis of this report and there was therefore no decision which is injurious to the complainant.

  Keywords:

  cause of action; conduct; discretion; lack of injury; no cause of action; performance report; supervisor;
  

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