Abuse of power (927,-666)
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Keywords: Abuse of power
Total judgments found: 161
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Judgment 1114
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, whose appointment had not been extended, "accuses the organization of acting arbitrarily because it made no effort to find a position for him, though it did seek to place other members of [his division]. But the explanation is that he had the possibility of reinstatement in the World Bank - and indeed he himself arranged [...] to go back to the Bank - whereas the other members [of the division] presumably had no such alternative to fall back on. In the circumstances there was no abuse of authority or arbitrariness in the organization's stand."
Keywords:
abuse of power; contract; fixed-term; misuse of authority; non-renewal of contract; reassignment;
Judgment 954
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal "holds that the abolition of his post and the termination of his appointment [...] were needed in the organization's interests and did not amount to any abuse of authority."
Keywords:
abolition of post; abuse of power; misuse of authority; organisation's interest; termination of employment;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"To prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."
Keywords:
abuse of power; disciplinary measure; evidence; lack of evidence; misconduct; misuse of authority; termination of employment;
Judgment 849
63rd Session, 1987
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It appears from the evidence as a whole that the Director General's decision was not based on any inability of the complainant to carry out his duties, nor on the unsatisfactory performance by him of those duties, nor on any considerations relating to the necessities of the service or the interests of the organization. It is clear that the Director General's conclusion [...] that the complainant was guilty of serious misconduct constituted the sole and underlying reason for exercising his discretion as he did. The Tribunal has quashed that decision in Judgment 848 and holds that the impugned decision in the present proceedings, based solely on a conclusion which is wrong in law, constitutes an abuse of authority and cannot be allowed to stand."
Reference(s)
ILOAT Judgment(s): 848
Keywords:
abuse of power; contract; fixed-term; grounds; misrepresentation; misuse of authority; nationality; non-renewal of contract; serious misconduct;
Judgment 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"Another plea of the complainants' is that the [International Civil Service] Commission misused its authority by availing itself of the post adjustment with the improper intent of checking an allegedly undue widening of the margin. One reason why the plea fails is that, as has been seen, the Commission acted intra vires. In authorising the Commission to suspend the increase in the post adjustment the Assembly also authorised the purpose of doing so."
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 830
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 829
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Vide Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 828
62nd Session, 1987
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 827
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 826
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 825
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 807
61st Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 16-17
Extract:
"The sole and obvious purpose [of the impugned decisions] was to get rid of someone whose work was, in the administration's view, no longer satisfactory and whose presence was disrupting the section. The dismissal is therefore tainted with abuse of authority and the decisions challenged must be set aside."
Keywords:
abolition of post; abuse of power; conduct; grounds; misuse of authority; termination of employment; unsatisfactory service; working relations;
Judgment 805
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
While acknowledging the complainants' right to strike, the Tribunal concludes that the organisation did not in this case exceed the proper scope of its authority. the number of staff ordered to work was relatively low with respect to the total number of staff members in the Office.
Keywords:
abuse of power; misuse of authority; requisition; right to strike; strike;
Judgment 756
59th Session, 1986
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The abolition was in fact just an expedient hurriedly found to put an end to the complainant's employment. That that is so is plain from evidence that shows the secretarial duties she had been performing were assigned to two others immediately after she left. Contrary to the telex sent to her on 21 August 1984 and informing her of the decision of 15 August, which said that her post was no longer considered necessary, in fact it was. the Tribunal accordingly holds that a mistaken and wrongful procedure was followed to end her contract and that the measure was therefore unlawful." The Tribunal orders the organization to reinstate the complainant.
Keywords:
abolition of post; abuse of power; contract; fixed-term; misuse of authority; reinstatement; termination of employment;
Judgment 675
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Having served the organization since 1969, the complainant was seconded for two years to the UNDP in 1980. In 1982 the organization decided not to extend the appointment or the secondment. The Tribunal holds that the organization committed an error of law by assuming that a fixed-term appointment expires automatically on the specified expiration date, and an abuse of power for having terminated the complainant without stating its reasons. The award of damages reflects the especially grave moral injury sustained by the complainant.
Keywords:
abuse of power; contract; discretion; duty to substantiate decision; fixed-term; flaw; legitimate expectation; misuse of authority; moral injury; non-renewal of contract; secondment;
Considerations 8 & 13
Extract:
The failure to give a reason will in many cases lead to the conclusion either that the Director-General mistakenly thought that he held an arbitrary power to do as he liked or that his decision was in fact arbitrary or wrongly motivated.
[...]
The staff member is entitled to know the reason at the time; it is only with that knowledge that, when he is seeking other employment, he can answer the inquiries of prospective employers. In so far, however, as the complaint is based on abuse of power, it is relevant to know whether or not there was an unstated reason. But a statement that appears for the first time in the course of legal proceedings and then only as part of the argument cannot carry the same conviction as one that is immediately and readily given.
Keywords:
abuse of power; misuse of authority;
Judgment 636
54th Session, 1984
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The appeal is against a decision to fill a post for which the complainant had been rejected four months before. As such the appeal is unarguable unless it can be shown that the two events are linked. The complainant must show that the true reason for his rejection [...] was not his lack of qualification but was an abuse of power, being wrongly motivated by the intention to secure the appointment of [another official] in the following months. The evidence tendered [...] falls far short of this."
Keywords:
abuse of power; appointment; candidate; competition; lack of evidence; misuse of authority; vacancy;
Judgment 576
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The only point in favour of the complainant's claim [he says that he was transferred because of his trade union activities] is the suddenness of the decision, which came only a few days after he had attended meetings as a staff representative. "But the coincidence does not suffice to establish any misuse of authority. The circumstances of his [transfer] may be regrettable, but they have no effect on the lawfulness of the decision."
Keywords:
abuse of power; lack of evidence; misuse of authority; staff union activity; transfer;
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-7
Extract:
There would be abuse of authority if the grounds alleged by the organization to justify the appointment were a pretext; if the organization had appointed an official obviously less well qualified than the complainant; if the organization had shown favouritism to the appointed official at the expense of other candidates. No such charges are borne out by the evidence.
Keywords:
abuse of power; appointment; candidate; judicial review; misuse of authority; vacancy;
Judgment 523
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal concludes that post 0155 was not abolished either in substance or in form and accordingly the complainant's contract of appointment was unlawfully terminated. The Tribunal finds it unnecessary to deal in detail with the arguments presented on this issue since it accepts also the complainant's argument that the abolition of post, if in this case it was effected, would be an abuse of power.
Keywords:
abuse of power; misuse of authority;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal granted that a rule allowed for dismissal in cases of economic problems of a permanent kind. No explanation of the circumstances which may have made staff reductions unavoidable is contained in the dossier. Although prudence might have led to such a measure, that would not suffice to bring the relevant clause into operation. "In supposing that it was [sufficient], the Director-General must have misconstrued the rule and thus been led to exceed his powers. The [dismissal] decision impugned was outside his authority and must be quashed on that ground."
Keywords:
abolition of post; abuse of power; contract; grounds; misuse of authority; permanent appointment; staff reduction; termination of employment;
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