Executive head (549,-666)
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Keywords: Executive head
Total judgments found: 209
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Judgment 304
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"It is for the [competent] committees and for the Director-General to adapt the conditions of promotion to the [organisation's] requirements. Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality laid down in [the Staff Regulations]."
Keywords:
amendment to the rules; competence; criteria; equal treatment; executive head; organisation's interest; promotion; promotion board;
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 5
Extract:
It is for the competent committees and the Director-General to adapt the conditions of promotion to the requirements of the organisation. "Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."
Keywords:
amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; 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 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Consideration 5
Extract:
Vide Judgment 301, consideration 5.
Reference(s)
ILOAT Judgment(s): 301
Keywords:
amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal might go as far as to impute an error of law to the Director-General if the impugned decision were tainted with an inconsistency. But it is not so. Contrary to what the complainant suggests, the Director-General apparently accepted the recommendation unreservedly and did not overlook it: indeed he actually explained how he would take account of it."
Keywords:
acceptance; executive head; internal appeals body; recommendation;
Consideration 2
Extract:
The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."
Keywords:
advisory body; binding character; decision; enforcement; executive head; internal appeals body; recommendation;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Director-General "is under an obligation to use his powers so as to ensure that an amendment authorised by the Council does not in its application result in inequality of treatment which the Council cannot be supposed to have intended."
Keywords:
amendment to the rules; competence; equal treatment; executive head; staff regulations and rules;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The Tribunal will not rule whether a rule of application can be amended by an office notice. "It will assume for the purposes of this case that a valid amendment can be made by office notice, provided that: a) the document containing the amendment is made by the Director-General himself; b) the intention to amend is made clear in the document; c) the amendment is clear in its effect; d) the amendment is not deemed effective to deprive an official of essential acquired rights."
Keywords:
acquired right; administrative instruction; amendment to the rules; competence; competence of tribunal; condition; executive head; judicial review; staff regulations and rules;
Consideration 18
Extract:
"A change in the conditions of remuneration is not an ordinary administrative matter; it is something which the Director-General is expected to consider and decide himself. In the absence of [words to that effect] it is not therefore to be supposed that the power to amend [rules] is one which the Director-General can delegate. [The relevant article] specifies that in individual cases the application of the Staff Regulations may be delegated, but there is no similar provision in respect of the making of general rules."
Keywords:
amendment to the rules; competence; decision-maker; delegated authority; executive head; no provision; salary; staff regulations and rules;
Consideration 15
Extract:
"If it is to be granted that the power to make a rule must embrace a power to amend it, then the Director-General could unilaterally amend Rule No. 7, but only by the exercise of his rule-making power. There is no document in the dossier [which explicitly shows him to have exercised] such a power."
Keywords:
adoption; amendment to the rules; competence; decision-maker; executive head; provision; staff regulations and rules;
Consideration 25
Extract:
" [I]t is within the power of the Director-General to lay down by means of an instruction criteria for determining what is or is not 'reasonably near', provided that in doing so he has proper regard to the nature and purpose of the [material provision]. [...] He must be guided by accessibility for school children [...] to lay down [...] that for every official [...] every school within a radius of 50 kilometers [...] is to be deemed accessible is not a proper exercise of the power. Accordingly the provision to this effect [...] is not binding upon the complainant."
Keywords:
administrative instruction; competence; condition; criteria; education expenses; enforcement; executive head; interpretation; provision; refund; staff regulations and rules;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Under FAO Manual provision 330.151, unsatisfactory conduct consists of "conduct which is incompatible with the staff member's undertaken or implied obligation to the organization." "The unsatisfactory performance of staff duties is clearly within this general definition." A staff member's conduct of his private life or his trade union activities are not, apart from exceptional cases, the concern of the Director-General.
Reference(s)
Organization rules reference: PARAGRAPH 330.151 FAO MANUAL
Keywords:
competence; conduct; executive head; outside activity; staff member's duties; staff union activity;
Consideration 22
Extract:
"Activities within the staff organization [...] constitute an area that is 'prima facie' outside the Director-General's jurisdiction. [...] There may be exceptional cases. [...] As a general rule a staff member gives no undertaking, express or implied, about how she will conduct herself in the business of the Staff Council or its organs."
Keywords:
competence; complainant; conduct; executive head; freedom of association; staff union; staff union activity;
Consideration 22
Extract:
"[A]s a general rule a staff member gives no undertaking, express or implied, about how she will conduct herself in the business of the Staff Council or its organs. It would be contrary to the principle of freedom of association that she should. Freedom of association means that there must be freedom of discussion and of debate [...] There could be no true freedom of association if the disapproval of the Director-General [...] of what was said could lead to disciplinary measures."
Keywords:
competence; definition; elements; executive head; freedom of association; staff union;
Consideration 13
Extract:
The elections were postponed by the Election and Referendum Committee following an intervention by the Director-General. "Whatever may be the power under the Staff Regulations, the Statutes, which are the [...] Committee's only source of authority, required quite clearly that the election should be held in January. The Committee may have believed that the Director-General's prerogative enabled him to dispense them from observance of the Statutes, but they cannot [...] have supposed that their action would not meet with criticism and even indignation."
Keywords:
amendment to the rules; competence; date; election; enforcement; executive head; provision; staff regulations and rules; staff representative;
Consideration 22
Extract:
When the offending conduct falls outside staff duties, "each case must be examined carefully to see whether an obligation has been broken". A staff member's conduct of his private life is not the concern of the Director-General, unless it brings the organization into disrepute. In the same way, trade union activities fall outside the competence of the Director-General, although there may be exceptions.
Keywords:
competence; conduct; executive head; freedom of association; judicial review; outside activity; staff member's duties; staff union activity;
Considerations 11-12
Extract:
On the eve of the elections, the Director-General sought assurances from the election and referendum committee concerning the participation of regional members, in particular as regards their nomination of candidates. "Any intervention by an employer with the processes by which his employees elect the representatives who will have to negotiate with him is a delicate matter even when he has a clear 'locus standi'." In the instant case, it is doubtful whether the Director-General had such a right.
Keywords:
competence; election; executive head; staff representative; staff union;
Consideration 1
Extract:
"The Director-General has [...] under the general rules of the organization disciplinary control over all staff members and he must therefore have inherent power to warn as an alternative to a disciplinary measure and to have the warning put on record; whether or not that is called a reprimand does not matter."
Keywords:
competence; disciplinary measure; executive head; provision; staff regulations and rules; warning;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 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 16
Extract:
"The Tribunal will assume, without deciding the question, that it is within the competence of a division director to delegate his authority in certain matters to one of the officers in his division. But if that is to be done, clear words must be used which leave the other officers in no doubt that one who is hierarchically their equal is being invested with the right to command."
Keywords:
delegated authority; duty to inform; executive head; organisation's duties; supervisor;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 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 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;
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;
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;
Judgment 192
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant had been admitted to hospital suffering from a nervous breakdown. "The Director-General did not [...] exceed his discretion in failing to inquire into the working conditions prevailing at the complainant's place of employment. Whether or not the complainant's criticisms are justified, the fact remains that he reacted to the alleged difficulties in an abnormal manner which gave plausibility to the possibility of a relapse and appeared to justify his termination under" the applicable provision.
Keywords:
discretion; executive head; health reasons; inquiry; investigation; probationary period; project personnel; qualifications; refusal; termination of employment; termination of employment for health reasons; working conditions;
Judgment 191
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"While the Director-General [...] was entitled to differ [with] the opinion expressed by the high-ranking officials [...] he should, before reaching the final decision which he alone was competent to make, have taken into account not only the complainant's attitude on the particular occasions when he had 'personally seen him at work', but also the quality of the complainant's general performance of his duties as attested by his immediate supervisors in highly favourable terms."
Keywords:
contract; different appraisals; disregard of essential fact; executive head; fixed-term; non-renewal of contract; supervisor; unsatisfactory service; work appraisal;
Judgment 150
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In cases where the Director-General suspects an official of having committed acts of undiscipline in the performance of or in connection with his duties, he has to take action in the most adroit fashion to safeguard, if possible, the reputation of both the organization and of the official. For that reason, before initiating the disciplinary procedure, the Director-General is always free [...] to summon the official and ask him for explanations."
Keywords:
complainant; disciplinary procedure; executive head; inquiry; investigation; misconduct; organisation's duties; organisation's reputation; respect for dignity;
Judgment 149
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."
Keywords:
bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;
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