Executive head (549,-666)
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Keywords: Executive head
Total judgments found: 209
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Judgment 1437
79th Session, 1995
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant was transferred against his wishes to another unit. There was nothing improper in the decision to transfer him. "The transfer was in the organization's interests" and took lawfully into account such facts as the reform of his old unit and the need for more staff in his new one.
Keywords:
discretion; executive head; judicial review; organisation's interest; reorganisation; transfer;
Judgment 1422
79th Session, 1995
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Tribunal has ruled in Judgment 988 "that Regulation 4.9 allows the Secretary-General to promote someone even against the Appointment and Promotion Board's advice and is intended as a safeguard to ensure compliance with the rules on appointment and promotion. The intent is not to enable the Secretary-General to prefer a weaker candidate on compassionate or indeed any other grounds."
Reference(s)
Organization rules reference: ITU STAFF REGULATION 4.9
ILOAT Judgment(s): 988
Keywords:
advisory body; advisory opinion; appointment; case law; discretion; due process; enforcement; executive head; interpretation; promotion; promotion board; safeguard; selection board; staff regulations and rules;
Judgment 1415
78th Session, 1995
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"As stated in Judgment 1354 and others delivered this day on similar cases, the tribunal has limited power of review over the Director-General's appraisal of performance for the purpose of choosing career paths."
Reference(s)
ILOAT Judgment(s): 1354, 1412, 1413, 1414, 1416
Keywords:
case law; discretion; executive head; grade; judicial review; qualifications;
Judgment 1401
78th Session, 1995
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Article VII(3) of the Tribunal's Statute "cannot apply to the Appeals Committee, which does not make administrative decisions but is an advisory body, with representatives of both management and staff, which submits mere recommendations. It is the Director-General who takes the final decision on the Committee's recommendation."
Reference(s)
ILOAT reference: ARTICLE VII(3) OF THE STATUTE
Keywords:
absence of final decision; advisory body; decision; effect; executive head; iloat statute; internal appeals body; recommendation;
Judgment 1398
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"All organisations need computer technology and there is nothing wrong with making staff who draft and write search reports and the like work with software and submit their output in a readily usable format. [...] EPO officers have wide discretion over matters of organisation and the EPO is not to be held liable for bringing conditions of work up to date. It thereby infringed none of the safeguards the staff enjoy; nor may it be deemed to have altered the job description of search examiners, which, [...] is cast in very general terms."
Keywords:
discretion; executive head; organisation's interest; post description; reorganisation; safeguard;
Consideration 6
Extract:
"The President has wide discretion over the organisation of work and he is not bound to consult the advisory bodies set up under the Service Regulations before introducing new means of improving staff efficiency. In any event the impugned decision made no change in the rules on work arrangements that required such consultation under Article 38."
Reference(s)
Organization rules reference: ARTICLE 38 EPO SERVICE REGULATIONS
Keywords:
advisory body; advisory opinion; discretion; executive head; organisation's interest; reorganisation; staff regulations and rules;
Judgment 1363
77th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"Even if disciplinary proceedings have begun there can be no 'act adversely affecting' an employee within the meaning of Article 107 [of the Service Regulations] until the proceedings are over and there is a final decision by the competent authority. So the complainant's internal appeals were premature insofar as he lodged them before the President had taken his decision [...] on the Disciplinary Committee's report."
Reference(s)
Organization rules reference: ARTICLE 107 OF THE EPO SERVICE REGULATIONS
Keywords:
absence of final decision; advisory body; cause of action; disciplinary procedure; executive head; internal appeal; procedure before the tribunal; receivability of the complaint; report; staff regulations and rules;
Judgment 1355
77th Session, 1994
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"According to the case law - especially Judgment 1235 [...] - the Director-General is not bound by the appointment and Promotion Committee's recommendations and in particular need not appoint the candidate the Committee has put first. In the exercise of discretion, he must ensure that his choice is not tainted with any mistake of law or fact and, to allow the tribunal to exercise its power of review, he must state the reasons for his decision."
Reference(s)
ILOAT Judgment(s): 1235
Keywords:
advisory body; advisory opinion; appointment; candidate; case law; competition; discretion; duty to substantiate decision; executive head; judicial review; limits; mistake of fact; promotion board;
Consideration 10
Extract:
The Tribunal rejects his plea "that the Director-General erred in law by assuming that he was empowered to disregard the Appointment and Promotion Committee's 'decisions'. What the Committee does is advise, not decide, and the Director-General simply exercised his discretion in choosing between the candidates on its short-list. Although [...] he must exercise such discretion lawfully he is not bound by the Committee's ranking of candidates."
Keywords:
advisory body; advisory opinion; appointment; candidate; competition; condition; decision; discretion; executive head; promotion board;
Judgment 1335
76th Session, 1994
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Decisions to renew or extend fixed-term appointments are at the discretion of the executive head, on the understanding, however, that he shall exercise it for the good of the organisation and in its interests."
Keywords:
contract; decision; discretion; executive head; extension of contract; fixed-term; limits; organisation's interest;
Judgment 1332
76th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The Director-General's decision, being discretionary, is subject to limited review by the Tribunal and may be set aside for example if he obviously misconstrued the facts. But he did not."
Keywords:
discretion; executive head; judicial review; limits; mistake of fact;
Judgment 1324
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
See Judgment 525, consideration 4.
Reference(s)
ILOAT Judgment(s): 525
Keywords:
abuse of power; amendment to the rules; decision-maker; discretion; disregard of essential fact; exception; executive head; formal flaw; home; home leave; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;
Judgment 1292
75th Session, 1993
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"When the Director-General asks the Swiss government to confer diplomatic status, he is exercising his discretion. [...] So the Tribunal will not interfere with his decision unless he has committed some procedural or formal error or a mistake of law or of fact, or applied some wrong principle, or drawn illogical conclusions from the evidence before him."
Keywords:
discretion; executive head; flaw; judicial review; mistake of fact; mistaken conclusion; privileges and immunities; procedural flaw; status of complainant;
Judgment 1290
75th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
See Judgment 1184, consideration 2.
Reference(s)
ILOAT Judgment(s): 1184
Keywords:
competence; decision; decision-maker; delegated authority; executive head;
Consideration 4
Extract:
"The Director-General enjoys wide discretion in the matter of renewal of a fixed-term appointment and the Tribunal will exercise only a limited power of review. It will, moreover, show special restraint when a decision not to renew rests on appraisal by the staff member's own supervisors: because of their technical qualifications and familiarity with his work and personal attributes they are, after all, best fitted to advise the Director-General."
Reference(s)
ILOAT Judgment(s): 1184
Keywords:
contract; discretion; executive head; fixed-term; judicial review; non-renewal of contract; supervisor; work appraisal;
Judgment 1281
75th Session, 1993
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to the case law the grading of posts is a matter within the discretion of the executive head of an international organisation. So the Tribunal will not interfere with the decision impugned in this case unless it was taken without authority or shows some procedural or formal flaw or a mistake of fact or of law, or overlooks some material fact, or is an abuse of authority, or draws a clearly mistaken conclusion from the facts. Moreover, the Tribunal will not substitute its own assessment of the facts for the Secretary-General's."
Keywords:
abuse of power; case law; competence; decision-maker; discretion; disregard of essential fact; executive head; flaw; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; post classification; procedural flaw;
Judgment 1280
75th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
Vide Judgment 1279, consideration 29.
Reference(s)
ILOAT Judgment(s): 1279
Keywords:
adjustment; discretion; executive head; flemming principle; general service category; local status; reckoning; salary; scale;
Judgment 1279
75th Session, 1993
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
The organization carried out a review of the salary scales for general-service staff on the basis of an overall survey of local employment conditions. The complainants object to the new scales. "Whether the list of local employers makes a reasonable cross- section of economic sectors and whether the fund and the world bank are too closely linked to be taken separately are matters of appreciation that must ultimately be decided by the Director in the exercise of his discretion."
Keywords:
adjustment; discretion; executive head; flemming principle; general service category; local status; reckoning; salary; scale;
Judgment 1251
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was accused of misappropriating funds and summarily dismissed for misconduct. He claims payment of repatriation costs, to which he would not be entitled upon summary dismissal under Rule 109.9 (f). However, the Director-General agreed to deduct them from the sums which he allegedly owed the organization. The Tribunal holds that "since the dismissal was wrongful and the organization has failed to prove that the complainant owes it that sum, the claim succeeds."
Reference(s)
Organization rules reference: STAFF RULE 109.9 (F)
Keywords:
decision; disciplinary measure; discretion; executive head; repatriation allowance; right; serious misconduct; summary dismissal; termination of employment;
Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
WHO put an end to the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The Director-General took himself to be bound by the attitude of the government of the Soviet Union. In doing so, he mistook the limits of his own discretion. As was held in Judgment 15 [...] among others, he must in exercising that discretion observe the general principles that govern the international civil service and safeguard the independence of organisation and official alike. The Director-General has committed a mistake of law."
Reference(s)
ILOAT Judgment(s): 15
Keywords:
case law; complainant; contract; decision; discretion; executive head; extension of contract; fixed-term; independence; international civil service principles; limits; member state; nationality; non-renewal of contract; official; organisation; secondment;
Judgment 1185
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The complainant argues that the impugned decision was ultra vires. The organization says that it was at the Director-General's instructions that the leader of the personnel division notified the decision to the complainant and that as a matter of good faith any decision on personnel management should be deemed to have been taken by the competent authority. The organization argues that the leader of the personnel division enjoyed an implied delegation of authority. "Such a broad statement of principle is unsound. [...] There is no telling [...] who actually made the decision in this case. The text cites no delegation of authority to sign; the only reference to the decision is impersonal and raises no presumption whatever of such delegation."
Keywords:
decision; decision-maker; delegated authority; executive head; presumption;
Judgment 1184
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
Vide Judgment 1185, considerations 2 and 3.
Reference(s)
ILOAT Judgment(s): 1185
Keywords:
decision; decision-maker; delegated authority; executive head; presumption;
Judgment 1131
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
In keeping with a resolution adopted by the General Conference in response to budgetary constraints UNESCO had to make staff cuts. "According to the definition of its competence in its Statute, the Tribunal will not review the policy followed by the Director-General in furtherance of the Conference's decision. It will, however, consider whether there was any flaw in the Director-General's exercise of his authority in an individual case."
Keywords:
abolition of post; budgetary reasons; competence of tribunal; decision; enforcement; executive head; general decision; individual decision; judicial review; legislative body;
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