Limits (550,-666)

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Keywords: Limits
Total judgments found: 168

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• Judgment 1888

  
  87th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Tribunal's jurisdiction is limited to the review of administrative decisions taken by international organisations affecting the employment conditions of their employees. Where such decisions are found to be reviewable and where they have caused harm, the Tribunal will exercise its jurisdiction to order reparation thereof. The Tribunal is not, however, a civil court of general jurisdiction in matters of delict and contract. Even where they may be causally related to injury suffered by someone, prejudice and malfeasance do not give rise to a claim for damages before the Tribunal unless they can be related to a specific administrative decision which has become final and against which the complainant has exhausted all available internal remedies."

  Keywords:

  bias; compensation; competence of tribunal; contract; decision; injury; internal remedies exhausted; judicial review; limits; material damages; moral injury; staff regulations and rules;
  

  
  
  

• Judgment 1880

  
  87th Session, 1999
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "According to precedent [...] (see Judgments 1094 [...] and 1095 [...]), coverage at the rate of 100 per cent does not mean that in all circumstances an insured person is entitled to full repayment of expenses incurred. [T]o allow the [sickness] fund not to reimburse the part of the expenses deemed to be excessive is in keeping with the purpose of sickness insurance and it is a means of ensuring sound financing and comparable coverage for the beneficiaries, and as such falls within the authority delegated to the Director General. The reimbursement of expenses can be restricted by setting maximum limits or ceilings for certain types of expenditure or by reckoning limits for each case on the basis of costs incurred."

  Reference(s)

  Organization rules reference: ARTICLE 72 OF EUROCONTROL STAFF REGULATIONS
  ILOAT Judgment(s): 1094, 1095
  

  Keywords:

  case law; health insurance; illness; insurance; limits; maximum limit; medical expenses; purpose;
  

  
  
  

• Judgment 1827

  
  86th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The selection of candidates for promotion is necessarily based on merit and requires a high degree of judgment on the part of those involved in the selection process. Those who would have the Tribunal interfere must demonstrate a serious defect in it; it is not enough simply to assert that one is better qualified than the selected candidate."

  Keywords:

  burden of proof; candidate; competition; criteria; discretion; judicial review; limits; procedural flaw; promotion; qualifications; satisfactory service; selection board; work appraisal;
  

  
  
  

• Judgment 1821

  
  86th Session, 1999
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The principles governing the limits on the discretion of international organisations to set adjustments in staff pay [...] may be concisely stated as follows: (a) An international organisation is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all other principles of international civil service law [...]. (b) The chosen methodology must ensure that the results are 'stable, foreseeable and clearly understood' [...]. (c) Where the methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure [...]. (d) While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff's expense is not by itself a valid reason for departing from an established standard of reference [...]." (See cited case law.)

  Keywords:

  adjustment; budgetary reasons; case law; condition; coordinated organisations; cost-of-living increase; criteria; discretion; duty to inform; duty to substantiate decision; exception; executive body; good faith; grounds; international civil service principles; limits; organisation's duties; patere legem; rule of another organisation; salary; scale;
  

  
  
  

• Judgment 1814

  
  86th Session, 1999
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Though the Director General does have discretion [as to who may be considered as a dependent child], the staff member must be made aware of any criteria he is applying." (See Judgment 1204.)

  Reference(s)

  ILOAT Judgment(s): 1204
  

  Keywords:

  criteria; dependant; dependent child; discretion; duty to inform; executive head; family allowance; limits; organisation's duties; parent;
  

  
  
  

• Judgment 1779

  
  85th Session, 1998
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Tribunal will review the [restructuring] process insofar as it may involve personal prejudice, abuse of authority or similar defects. But it is not for the Tribunal to decide what a normal procedure' for restructuring might be."

  Keywords:

  abuse of power; bias; discretion; flaw; judicial review; limits; misuse of authority; reorganisation;
  

  
  
  

• Judgment 1764

  
  85th Session, 1998
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant is accused of having cheated the Organisation by falsifying airline tickets intended for official travel. "[A]lthough in all fairness an organisation must tell the staff member of the charges against him, it need not go into the detail of the penalties he may be incurring. Besides, the complainant must be deemed to have been familiar with the [staff] rules, and they do set out all the penalties, including dismissal. The staff member's right to know and to answer the charges against him does not require that he be told just what the punishment may be if he is found guilty."

  Keywords:

  disciplinary measure; disciplinary procedure; duty of loyalty; duty to inform; duty to substantiate decision; honesty; limits; organisation's duties; purport; staff regulations and rules;
  

  
  
  

• Judgment 1752

  
  85th Session, 1998
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "[The Tribunal] may not replace qualified medical opinion with its own, though it may review the procedure and say whether the doctors' findings show any factual mistake or inconsistency, or overlook an essential fact, or draw a plainly wrong conclusion from the evidence."

  Keywords:

  competence of tribunal; disregard of essential fact; judicial review; limits; medical board; medical opinion; mistaken conclusion; procedure before the tribunal;
  

  
  
  

• Judgment 1732

  
  84th Session, 1998
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "Where a staff member is as highly placed as was the complainant, so that his views might naturally be taken as those of the Organization, the administration must have the ability to prevent such staff member from degrading its reputation. While there can be no doubt that the Organization has a duty to respect its staff members' professional dignity and reputation, that duty is limited by the Organization's corresponding right to require staff members not to promote policies or theories which it believes to be wrong or mistaken."

  Keywords:

  duty of discretion; limits; organisation's duties; organisation's interest; organisation's reputation; respect for dignity; staff member's duties;
  

  
  
  

• Judgment 1728

  
  84th Session, 1998
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "As for the right to be heard before termination, it must of course be respected where there is a proposal to terminate an appointment for disciplinary reasons or for unsatisfactory performance. A reduction-in-force committee does not, however, make findings of that kind but performs very different functions. That is clear from Manual paragraph II.9.340.3, which requires assessment 'essentially' on the basis of appraisal reports and other written records of performance and service."

  Keywords:

  complainant; confidential evidence; duty to inform; internal appeals body; limits; organisation's duties; personal file; selection board;
  

  
  
  

• Judgment 1724

  
  84th Session, 1998
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 11-12

  Extract:

  "Article 3.10.4 of [IFAD's] Manual says that a decision to terminate the contract of employment of an official may be taken by the President, 'and the President alone', in the interests of the Fund. So it does vest discretion in the President to end an appointment in the Fund's interest without resort to disciplinary process. [...] Yet the Fund is mistaken [...] that the President has unfettered authority under the provision to cite the Fund's interests as grounds for dismissal. He must set out the facts fully enough to enable the Tribunal to exercise its power of review and to determine objectively whether it is indeed the Fund's interests that are the reason for the dismissal. As was held in Judgments 1234 [...] under 19 and 1496 [...] under 9, although an organization's 'own interests are paramount [...] it must still, for the sake of proper management and mutual confidence, treat its staff fairly."

  Reference(s)

  Organization rules reference: ARTICLE 3.10.4 OF IFAD'S MANUAL
  ILOAT Judgment(s): 1234, 1496
  

  Keywords:

  discretion; duty to substantiate decision; judicial review; limits; organisation's interest; respect for dignity; staff member's interest; staff regulations and rules; termination of employment;
  

  
  
  

• Judgment 1713

  
  84th Session, 1998
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "The Tribunal will not entertain any general challenge to the policies of the [ICSC] or of the FAO: it will rule only on particular pleas from the parties."

  Keywords:

  discretion; icsc decision; judicial review; limits;
  

  
  
  

• Judgment 1700

  
  84th Session, 1998
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 27

  Extract:

  Discretion to determine whether there are exceptional circumstances to warrant waver of the time limits for internal appeal is vested in the Joint Appeals Board. "It is the Board's decision which is relevant, and the question does not arise of substituting the Tribunal's opinion for the Board's. Only if there is some fatal flaw in the Board's decision may the Tribunal intervene."

  Keywords:

  decision; exception; flaw; internal appeal; internal appeals body; judicial review; limits; report; time limit;
  

  
  
  

• Judgment 1698

  
  84th Session, 1998
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  The Tribunal notes "that a vacancy notice [...] is necessarily a document whose validity is limited in time by the closing date of the particular competition which it announces. [...] The requirements of any post may of course change over time."

  Keywords:

  competition; condition; limits; vacancy; vacancy notice;
  

  
  
  

• Judgment 1682

  
  84th Session, 1998
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The Tribunal may not itself set the complainants' pay: it must respect the Council's discretion [...]. It therefore sends the case back so that the Laboratory may, in keeping with its own self-imposed rules, set pay scales [...]."

  Keywords:

  adjustment; discretion; judicial review; limits; salary;
  

  
  
  

• Judgment 1641

  
  83rd Session, 1997
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7(c)

  Extract:

  "Though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its Staff Regulations either directly or by incorporating the rules of the common system. In the present economic context and if, like many others, it is in financial straits, it may want to cut costs. There is nothing wrong with the common system's having rules that enable it to do so."

  Keywords:

  acquired right; amendment to the rules; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction of salary; staff regulations and rules;
  

  
  
  

• Judgment 1640

  
  83rd Session, 1997
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  "The medical opinions of independent medical practitioners would ordinarily prevail and the Tribunal would not interfere. But this is no ordinary case. [...] The Tribunal had to appoint a medical expert to give a final opinion on the complainant's medical condition [...]. That expert found that she was not fit to return to work", a finding that was at odds with the medical opinions that the Agency has relied on to justify its decision.

  Keywords:

  different appraisals; exception; illness; judicial review; limits; medical examination; medical fitness; medical opinion; sick leave;
  

  
  
  

• Judgment 1610

  
  82nd Session, 1997
  World Customs Organization (Customs Co-operation Council)
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "In a case of non-renewal the Tribunal will be especially cautious in reviewing any appraisal by a supervisor of the staff member's performance: the supervisor has the technical background and the knowledge of the staff member's work and personality that qualify him better than anyone else to advise the head of the Secretariat on that score. Some appraisals of the complainant's performance are not good." Others are more positive, though not unreservedly. "Though she does produce letters of commendation from several quarters, it is not for the Tribunal to choose between conflicting assessments: it is the executive authority that has discretion to do so."

  Keywords:

  contract; different appraisals; discretion; executive head; fixed-term; judicial review; limits; non-renewal of contract; qualifications; supervisor; work appraisal;
  

  
  
  

• Judgment 1595

  
  82nd Session, 1997
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "Though the qualifications stated in a notice of vacancy are not absolutely binding and the Director General may still exercise some discretion, he may not so utterly discard them as to flout the rules that ensure the proper openness and objectivity of the competition."

  Keywords:

  appointment; competition; criteria; discretion; executive head; flaw; limits; vacancy notice;
  

  
  
  

• Judgment 1576

  
  82nd Session, 1997
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "Since the award of end-of-service promotion falls within the Director-General's discretion, the Tribunal exercises only a limited power of review: it will intervene only if there has been breach of some rule of form or procedure or a mistake of law or fact or failure to take some essential fact into account."

  Keywords:

  discretion; disregard of essential fact; executive head; formal flaw; judicial review; limits; mistake of fact; procedural flaw; promotion; separation from service;
  

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