Judicial review (538, 540, 542, 544, 547, 548, 549, 550, 551, 553, 555, 557, 558, 862, 559, 561, 563, 565, 569, 571, 572, 927, 841,-666)
You searched for:
Keywords: Judicial review
Total judgments found: 548
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Judgment 1113
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant failed to have her post upgraded. Her plea of disregard of relevant facts fails. "The essential point is that, though the complainant's duties might warrant an upgrading if she showed a higher degree of responsibility, initiative and judgment, it was proper to take the view that she did not, and therefore her post does not warrant the higher grade." The Tribunal holds that, despite the difference of opinion, there was evidence on which such a judgment could be based and will not substitute its own view on the matter for the organization's.
Keywords:
criteria; different appraisals; disregard of essential fact; grade; judicial review; post classification;
Consideration 2
Extract:
After carrying out a staff review, the organization confirmed the grading of the complainant's post at grade G.5. "The reasons for CERN's decision in this case are evident from the file, the implication in the words used being that it accepted the 'views and recommendations' on the file that there should be no upgrading."
Keywords:
advisory opinion; duty to substantiate decision; grounds; judicial review; post classification; recommendation;
Judgment 1111
71st Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant, having tendered her resignation, was mistakenly paid a termination indemnity upon the transfer of Interpol's Headquarters to Lyons. The organisation ordered repayment. "[T]he Secretary General's decision to claim the sum back from her is a discretionary one. In deciding whether to demand full or part repayment he takes accounts of such factors as the staff member's good or bad faith, the sort of mistake that has been made, the organization's own and the staff member's negligence and the inconvenience which the demand, made necessary by the organization's own oversight, will put the staff member to. So the Tribunal will exercise only a limited power of review over the decision."
Keywords:
discretion; good faith; judicial review; negligence; recovery of overpayment; terminal entitlements;
Judgment 1109
71st Session, 1991
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
In keeping with the scheme for "personal promotion" brought in by Circular 334, "promotion is at the Director-General's discretion, his decision is subject only to limited review, and it may not ordinarily be set aside unless there is some particular fatal flaw. Breach of a procedural rule is such a flaw."
Reference(s)
Organization rules reference: ILO CIRCULAR 334 (SERIES 6) OF 20 JULY 1985
Keywords:
discretion; flaw; judicial review; personal promotion; procedural flaw; promotion;
Judgment 1080
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants object that the terminal entitlements Interpol granted them under the Staff Rules and Regulations were "paltry". "Even if there are rules the Tribunal may still check that the organisation has kept to the general principles that govern the international civil service, one of them being its duty to treat its staff considerately. As has been said before, an organisation must act from reasonable motives and not cause its staff unnecessary or undue prejudice."
Keywords:
enforcement; international civil service principles; judicial review; organisation's duties; staff regulations and rules; terminal entitlements;
Judgment 1078
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was transferred on account of his poor relations with other staff members. "The Tribunal is satisfied on the evidence before it that [the organisation] did not go beyond the bounds of the discretion it must be allowed in matters of internal administration and management."
Keywords:
discretion; judicial review; transfer; working relations;
Judgment 1077
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A decision by an international organisation to make an appointment is a discretionary one and is therefore subject only to limited review. It may be quashed only if it was taken without authority [etc]. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the Selection Committee and the executive head full responsibility for their choice."
Keywords:
appointment; competition; discretion; judicial review; limits;
Judgment 1076
70th Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3 and 7
Extract:
The complainant's application for transfer was refused. "Being discretionary, the decision may be set aside only if it was taken without authority [...]. The Tribunal will not quash a decision simply because the parties' respective interests might have been differently assessed."
Keywords:
discretion; judicial review; organisation; organisation's interest; refusal; request for transfer; staff member's interest;
Judgment 1072
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For an IAEA staff member's spouse to qualify as a dependant, his or her gross salary must not exceed that of the lowest step in the general service grade applicable in the spouse's country of employment. That amount is converted into Austrian schillings at the rate applicable in January of the year in question. Under the prescribed method the complainant's wife failed to qualify as a dependant and the Director refused to treat her as one. The Director's decision was a discretionary one and the Tribunal sees no grounds for setting it aside.
Keywords:
amount; condition; definition; dependant; discretion; judicial review; salary;
Judgment 1071
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
PAHO Staff Regulation 4.4 gives preference when filling vacancies to existing staff members over outside candidates. The Regulation "does not give existing staff members absolute priority in promotion and the Tribunal does not make rulings on such matters as staff policy, which are within the prerogative of the Director. Yet, if there were a consistent practice of recruiting people under temporary appointments and later appointing them to permanent posts, in preference to inside applicants, on the strength of the experience they had thereby gained, it would offend against the purpose and spirit of Regulation 4.4." (Vide Judgment 1077.)
Reference(s)
Organization rules reference: PAHO STAFF REGULATION 4.4
ILOAT Judgment(s): 1077
Keywords:
candidate; competition; internal candidate; judicial review; priority; vacancy;
Judgment 1067
70th Session, 1991
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The grading of a post depends on evaluation of the work done and the degree of responsibility it involves. The evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere with a decision based thereon only where the organisation is shown to have applied wrong principles or drawn illogical conclusions."
Keywords:
criteria; discretion; judicial review; limits; post classification;
Judgment 1055
70th Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
WHO Staff Rule 565.2 reads: "A staff member may be reassigned whenever it is in the interest of the organization to do so". The Rule reflects a general principle stated in Judgment 810. Yet the Director-General's authority in the matter is not absolute. The Tribunal will determine whether there is a formal or procedural flaw, etc. It will also consider whether there has been breach of good faith.
Reference(s)
Organization rules reference: WHO STAFF RULE 565.2
ILOAT Judgment(s): 810
Keywords:
discretion; good faith; judicial review; organisation's interest; transfer;
Summary
Extract:
WHO Staff Rule 510.1 requires that "in determining the initial and any subsequent assignment, consideration shall be given, to the extent possible, to the staff member's particular abilities and interests". The complainant was transferred in accordance with a policy for rotating staff in the general service category which has the effect of upgrading their skills. The Tribunal is satisfied that the transfer was not contrary to his own interests.
Reference(s)
Organization rules reference: WHO STAFF RULE 510.1
Keywords:
judicial review; staff member's interest; transfer;
Judgment 1054
69th Session, 1990
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"The staff member needs to know the grounds for the decision* so that he can defend his rights and interests [...]. What is more, the reasons need to be known for the purposes of judicial review".
*The decision in question is the rejection of the complainants' applications for "early departure".
Keywords:
duty to substantiate decision; early retirement; grounds; judicial review; purpose; refusal; retirement;
Judgment 1052
69th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Where the reason given for the non-renewal is unsatisfactory performance, the Tribunal will not replace with its own the organisation's view of the complainant's fitness for his duties."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; work appraisal;
Consideration 4
Extract:
"The case law is that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, [etc]. Although such criteria hold good for the review of all discretionary decisions, the Tribunal will exercise especial caution in reviewing a decision not to confirm the appointment of someone who is still on probation; else probation would fail to serve its purpose as a period of trial. In the case of a probationer the administration must indeed be allowed the widest measure of discretion, and its decision will stand unless the flaw was particularly serious or glaring."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; probationary period; termination of employment;
Judgment 1050
69th Session, 1990
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The greater caution must be shown in interfering with a [transfer] decision which is founded solely on the organization's interests because the Director-General must ordinarily be deemed to be the best judge of what they are."
Keywords:
discretion; judicial review; organisation's interest; transfer;
Judgment 1047
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"A decision by the Director-General not to renew an appointment is a discretionary one, but his discretion is not unfettered. Since one of the reasons he gave for the decision impugned in this case is unfounded and the other reason is tied in with it, the decision must be set aside."
Keywords:
contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 1046
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The organization alleges that the reason it put an end to the complainant's appointment was the expiry of his contract. The Tribunal is satisfied that it failed to extend his appointment because his performance was considered unsatisfactory. "The Director-General's decision confirming the complainant's termination must be set aside because he was not separated for the reason it gave."
Keywords:
contract; fixed-term; grounds; judicial review; non-renewal of contract; unsatisfactory service;
Judgment 1044
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Whether to renew a fixed-term appointment is a discretionary decision, and the Tribunal may not set it aside unless it was taken without authority, or in breach of a rule of form or of procedure, or unless it was based on a mistake of fact or of law, etc." The organization's financial difficulties constituted a proper basis on which to base the decision not to extend her appointment.
Keywords:
budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 1029
69th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
Article 49 of the EPO Service Regulations says that promotion shall be"by selection". What that implies is "that the president will look at the merits of each candidate for promotion, and that he will set all the candidates against each other and choose as many as the number of vacancies allows." In the instant case the Tribunal holds that there is no evidence to suggest that the President went beyond the bounds of his discretion as set in Article 49.
Reference(s)
Organization rules reference: ARTICLE 49 OF THE EPO SERVICE REGULATIONS
Keywords:
discretion; judicial review; promotion;
Judgment 1025
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Promotion is at the Secretary General's discretion [...] It is therefore subject only to limited review and the Tribunal will ordinarily set it aside only if it was taken without authority or in breach of a rule of form or of procedure, [etc]".
Keywords:
discretion; judicial review; promotion;
Consideration 2
Extract:
"The executive head must conform to the rules he has issued because they are binding in law, and any breach of them will be a fatal flaw in his decision." The rules at issue concern the grant of promotion.
Keywords:
enforcement; judicial review; patere legem; promotion; written rule;
Consideration 2
Extract:
"The Secretary General may as a rule amend a text that sets in general terms the conditions for promotion that are to hold good in future and [...] the Tribunal has only a limited power of review over texts of that kind."
Keywords:
career; condition; discretion; judicial review; promotion;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Since the Tribunal may not review the policy decision to move to Lyon the only effect it can give to the doctrine of acquired rights as recognised by Interpol is to determine whether the arrangements for carrying out the move were properly objective. Since the transfer did disrupt the lives of its staff, the organization had a duty to ensure that there was no undue or pointless detriment to their interests. The consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
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