Judgment 1143
72nd Session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The complainant applied for extension of the age limit on the grounds that without it her pension would be paltry and that her continued service would be in the organization's interest. The Director General rejected her request, relying on Judgment 358 [...], which he said precluded his acting in the exclusive interests of the staff member, and on the fact that Staff Regulation 9.8 prevented him from making an exception to the age-limit rule to take account of an official's financial situation. The Tribunal holds that "in stating his decision in those terms the Director General mistook the scope of his discretion and the ratio of Judgment 358: he may not refuse to exercise his discretion just because he is being asked to take a staff member's financial situation into account." Moreover, her performance reports were good. "The Director General erred in law because his decision was not in accordance with Regulation 9.8(a). He could have taken into account the complainant's financial situation provided that that was not the exclusive factor and that the interests of the Organization were also taken into account."
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 9.8
ILOAT Judgment(s): 358
Keywords:
age limit; exception; organisation's interest; pension; retirement;
Consideration 3
Extract:
"Regulation 9.8 confers on the Director General discretion to extend the age limit in individual cases if he considers that to be in the organization's interests. The determination of what the organization's interests are being peculiarly within the Director General's discretion, the Tribunal has a limited power of review and will interfere with his decision only if it was taken without authority or [...]."
Reference(s)
Organization rules reference: WIPO STAFF REGULATION 9.8
Keywords:
age limit; discretion; exception; extension beyond retirement age; judicial review; organisation's interest; retirement;
Judgment 908
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The rule on promotion in the EPO is not to take account of professional experience gained before the age of 25. The complainant contends that new guidelines calling for "minimum age requirements" superseded the rule. Having considered the new guidelines, the Tribunal finds that the 25-year rule has not been changed since the minimum age requirement has exactly the same effect.
Keywords:
age limit; professional experience; promotion; reckoning; seniority;
Judgment 884
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant seeks to have his professional experience reckoned anew. He contends that new guidelines supersede the rule precluding the reckoning of experience gained before the age of twenty-five. The Tribunal holds that, although replacement of the rule has been proposed, "until a decision has been taken by the competent authority the 25-year rule remains in force."
Keywords:
administrative instruction; age limit; amendment to the rules; condition; professional experience; proposal; provision; reckoning; seniority;
Judgment 580
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant pleads against the admissibility of the candidacy on the grounds that the age-limit was not observed. "This plea is not a matter of policy and it is one which the Tribunal will entertain in exercise of its power of review. For that reason it need not determine whether, being a so-called 'policy' decision, the actual choice of a candidate is a matter outside its competence."
Keywords:
age limit; candidate; competence of tribunal; executive head; judicial review;
Judgment 358
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A decision by the Director [...] to extend a staff member's appointment beyond the age limit set in the Staff Regulations is purely discretionary" and the Tribunal may interfere with such a decision only in exceptional circumstances set out in the case law.
Keywords:
age limit; contract; discretion; extension beyond retirement age; judicial review; retirement;
Considerations
Extract:
"Although the Director is empowered to extend a staff member's appointment to the age of 65, he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of the [organisation], not in the exclusive interests of the staff member. In deciding on the complainant's case he would have to bear in mind the possibility that the complainant might obtain a pension, but that was only one fact to be taken into account among others."
Keywords:
age limit; contract; contributory service; discretion; extension beyond retirement age; organisation's interest; pension; retirement; staff member's interest;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant had reached retirement age and his employment was not extended by the Director-General. "[I]t does not appear from the dossier that on his return to headquarters the complainant was promised any further appointment." Nor did the material letter "imply any such promise, particularly since it was not addressed to the complainant."
Keywords:
age limit; consequence; contract; evidence; headquarters; lack of evidence; offer; promise; retirement; transfer;
Consideration 2
Extract:
The complainant maintains that the circumstances of his dismissal damaged his reputation. "There is nothing dishonourable about having to retire at the normal age stipulated in the Staff Regulations. Moreover [...] the organization gave him a written testimonial thanking him for his services over the past twenty-two years, and that served to remove - assuming it were necessary - the prejudice he has alleged."
Keywords:
age limit; contract; enforcement; extension beyond retirement age; fixed-term; lack of injury; non-renewal of contract; refusal; retirement; staff regulations and rules;
Consideration 1
Extract:
Under the applicable provisions, headquarters officials must retire at the age of 62 "unless the Director-General [decides] otherwise for exceptional reasons in the interests of the organization." In the present case, "the Director-General abided by the general rule and was indeed in no way required to grant an exemption."
Keywords:
age limit; contract; discretion; extension beyond retirement age; headquarters official; organisation's interest; retirement;
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 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It appears from the evidence that the "sole purpose [of the decision not to renew the complainant's contract upon his reaching retirement age] was to remove [him]." Certain irregularities could be observed in his service, but no serious inquiry was made nor any disciplinary proceedings undertaken. "[T]he decision [...] was based on mere suspicions unsupported by the slightest evidence, and is therefore tainted by misuse of authority and must be quashed."
Keywords:
abuse of power; age limit; contract; disciplinary procedure; fixed-term; inquiry; investigation; lack of evidence; misconduct; misuse of authority; non-renewal of contract; retirement;
Considerations
Extract:
The retirement age is fixed at sixty. "[I]n exceptional cases the Director may retain an official in service until the age of sixty-five. The text [...] allows the Director full discretion in determining the special cases in which an official may be retained in service beyond the normal age limit. The Director thus enjoys discretionary power in this respect".
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; judicial review; retirement;
Considerations
Extract:
The non-renewal decision having to be quashed for misuse of authority, account must be taken of material and moral damage and of the fact that the complainant could not have been retained in service beyond the age of 65. "It would therefore be a fair assessment of the circumstances as a whole to award [...] compensation in an amount of 35,000 Swiss francs, less the sum already granted to him by [the organisation]."
Keywords:
abuse of power; age limit; amount; contract; criteria; fixed-term; material damages; misuse of authority; moral injury; non-renewal of contract; retirement;
Judgment 204
30th Session, 1973
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provision, the pensionable age for officials is 62. The Director-General's decision was taken in pursuance of the above-mentioned provision. Although the provision empowers the Director-General to retain the services of an official beyond the age-limit, this derogation is confined to exceptional cases and lies within the discretion of the head of the organisation. In the present case, the Director-General's appraisal of the facts shows none of the flaws which the Tribunal may correct.
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; judicial review; provision; retirement; staff regulations and rules;
Judgment 12
4th Session, 1954
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The provision to which the complainant refers "states expressly that the Director-General may retain an official in service until he reaches the age of 65 years but [...] it grants the Director-General discretionary power to decide in which cases exception may be justified."
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; fixed-term; non-renewal of contract; retirement;
