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

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 | next >

• Judgment 1019

  
  69th Session, 1990
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  Vide Judgment 1020, consideration 13.

  Reference(s)

  ILOAT Judgment(s): 1020
  

  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;
  

  
  
  

• Judgment 1018

  
  69th Session, 1990
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "It is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, bring about good working relations and improve efficiency. that is one of the factors he may take into account when considering transfers, and the Tribunal will be slow to interfere with such exercise of his discretion especially if, as is the case here, the transfer causes no injury to the employee transferred."

  Keywords:

  discretion; judicial review; lack of injury; organisation's interest; transfer; working relations;
  

  Consideration 5

  Extract:

  The complainant is challenging a decision to transfer him. "The Tribunal is [...] satisfied on the evidence that there was no abuse of the Secretary-General's authority. So far from being arbitrary the transfer was ordered on objective grounds and in the interests of more efficient management".

  Keywords:

  grounds; judicial review; reorganisation; transfer;
  

  
  
  

• Judgment 1016

  
  69th Session, 1990
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  In the matter of promotion two principles emerge from the case law: "one is that [the Tribunal] will neither substitute its own assessment of an official's performance for the President's nor review the merits of candidates for promotion. The other is that since the grant of promotion is and must remain at the president's discretion, the mere fact that an official may qualify for it under the rules does not confer on him any enforceable right to it."

  Keywords:

  condition; discretion; judicial review; promotion; work appraisal;
  

  
  
  

• Judgment 1001

  
  68th Session, 1990
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "A decision by an organisation may be reviewed, albeit on limited grounds: it will be set aside if there was no authority to take it, or if there was a breach of form or of procedure or some obvious mistake of fact or of law, of if the decision was arbitrary, or if there was abuse or misuse of authority (cf. Judgments ranging from No. 39 [...] to No. 972 [...])."

  Reference(s)

  ILOAT Judgment(s): 39, 972
  

  Keywords:

  discretion; judicial review;
  

  
  
  

• Judgment 1000

  
  68th Session, 1990
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  See Judgment 1001.

  Reference(s)

  ILOAT Judgment(s): 39, 972, 1001
  

  Keywords:

  discretion; judicial review;
  

  
  
  

• Judgment 991

  
  68th Session, 1990
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  To mark its tenth anniversary celebration the European Patent Organisation granted a bonus to each of "all active permanent employees in post on 1 October 1987". As the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. The Tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions. In the instant case the restriction was based on objective criteria founded on provisions in the Staff Regulations.

  Keywords:

  compassionate leave; consequence; judicial review; leave; organisation's duties; payment; salary; special leave;
  

  
  
  

• Judgment 987

  
  68th Session, 1990
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The reason given for terminating the complainant's appointment [before the expiry of the probation period] was his unsatisfactory performance and termination on such grounds may be deemed to be action in the organization's interests. The Director-General having wide discretion in the matter, the Tribunal will quash the decision only if it was taken without authority, [etc]".

  Keywords:

  discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;
  

  
  
  

• Judgment 986

  
  67th Session, 1989
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "A ruling on the lawfulness of a decision calls for review of all the material evidence, and especially in times of change in which the decision has been taken. One relevant criterion is the ultimate purpose. A run of small amendments may offend against the whole spirit of the rules, and to ignore them would be a miscarriage of justice".

  Keywords:

  acquired right; amendment to the rules; cumulative decisions; judicial review; purpose; staff regulations and rules; terms of appointment;
  

  Consideration 2

  Extract:

  "The complainants are alleging breach of the Staff Regulations: to be precise, of Article 3.1.1, which defines pensionable remuneration. As it held in Judgments 832 and 862 the Tribunal is competent under Article II(1) of its Statute to entertain complaints of that kind, seeking as they do the quashing of decisions allegedly in breach of the terms of appointment of staff. What is at issue is the relationship between the Organization and its staff, [and in such matters] the Tribunal is fully competent".

  Reference(s)

  ILOAT reference: ARTICLE II(1) OF THE STATUTE
  Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
  ILOAT Judgment(s): 832, 862
  

  Keywords:

  breach; competence of tribunal; judicial review; pensionable remuneration; provision; staff regulations and rules;
  

  
  
  

• Judgment 972

  
  66th Session, 1989
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The decision whether or not to renew or convert is at the Secretary-General's discretion and the Tribunal's case law is that it will interfere only if such a decision was taken without authority".

  Keywords:

  contract; discretion; fixed-term; judicial review; non-renewal of contract;
  

  
  
  

• Judgment 968

  
  66th Session, 1989
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "The attribution of duties to a staff member, the nature of the duties to be carried out and the grading of posts are matters that the Director-General decides at discretion. The Tribunal will not interfere with such a decision unless it was taken without authority [etc]".

  Keywords:

  assignment; discretion; judicial review; limits; post classification; post description;
  

  
  
  

• Judgment 963

  
  66th Session, 1989
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainants challenge Eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. Though the Director General's decisions are the only ones the Tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [Permanent] Commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."

  Keywords:

  decision; education expenses; enforcement; executive head; international civil service principles; judicial review; legislative body; non-retroactivity; reduction of salary; refund; salary;
  

  
  
  

• Judgment 958

  
  66th Session, 1989
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The Director-General has wide discretion to appoint, transfer and promote staff in the interests of the organization he heads. But his authority is not unqualified, and the Tribunal will review his decisions".

  Keywords:

  appointment; competition; discretion; judicial review;
  

  Consideration 5

  Extract:

  "As to personal prejudice, the Tribunal has often said that it is usually concealed and its existence therefore usually has to be established by inference. [...] The Tribunal will [determine] whether in this case there is evidence strong enough to create a suspicion of prejudice. Only if it finds there is not will it consider the allegation of such suspicion in similar cases."

  Keywords:

  bias; evidence; judicial review;
  

  
  
  

• Judgment 956

  
  66th Session, 1989
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The case law says that when authorised to refuse, without notice or compensation, to renew such an appointment the Director-General has discretion which he exercises subject to an implied requirement of respect for the demands of efficient administration and for the organization's interests. The rule consistently applied is that, short of replacing the Director-General's appraisal of the evidence with its own, the Tribunal will set aside a decision not to renew that was taken without authority [...]".

  Keywords:

  contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
  

  
  
  

• Judgment 954

  
  66th Session, 1989
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "WHO Staff Rule 1050.1 allows termination of a staff member's temporary appointment before the date of expiry if the post he is on is abolished. Although the Director-General has discretion in deciding whether to do away with a post his decision is subject to review: the Tribunal will quash it if there has been breach of some procedural or formal rule [etc]".

  Reference(s)

  Organization rules reference: WHO STAFF RULE 1050.1
  
  

  Keywords:

  abolition of post; contract; discretion; fixed-term; judicial review; termination of employment;
  

  
  
  

• Judgment 936

  
  65th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  "The decisions determining the complainants' pay are [...] void because they rest on an invalid general decision of the Council's."

  Keywords:

  consequence; decision; executive body; flaw; general decision; individual decision; judicial review;
  

  
  
  

• Judgment 929

  
  65th Session, 1988
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  For several years the complainants have been trying to obtain review of the description and grading of their posts. Their claims have all been rejected. The Tribunal was satisfied that on the evidence the description of their duties was out of date. In the circumstances the organization committed a mistake of law by refusing to carry out the requested review.

  Keywords:

  amendment to the rules; elements; flaw; judicial review; post classification; post description;
  

  Consideration 5

  Extract:

  "The grading of a post depends on evaluation of the work done and the degree of responsibility involved. Such evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere only if the organization is shown to have applied the wrong principles or drawn illogical conclusions."

  Keywords:

  discretion; judicial review; limits; post classification;
  

  
  
  

• Judgment 916

  
  65th Session, 1988
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "In the case of dismissal of a probationer, the administration should be allowed the widest measure of discretion and the decision will be quashed only if the mistake or illegality was especially serious or glaring."

  Keywords:

  discretion; judicial review; probationary period; termination of employment;
  

  
  
  

• Judgment 901

  
  64th Session, 1988
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Even where termination before expiry is due to the necessities of the service there must be explanation and justification of the decision because it amounts to unilateral breach of the contract. The Director-General does not then have the discretionary authority he may exercise on expiry and, for one thing, the Tribunal will consider whether the decision serves the organisation's interests, as it should."

  Keywords:

  contract; discretion; duty to substantiate decision; fixed-term; judicial review; organisation's interest; termination of employment;
  

  
  
  

• Judgment 899

  
  64th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  "Besides safeguarding the staff member's interests, the requirement [that the grounds on which a decision is based should be stated] enables the Tribunal to review, something it cannot do properly when the purpose and legal basis of the decision and the reasons underlying it are unexplained."

  Keywords:

  decision; duty to substantiate decision; judicial review; purpose;
  

  
  
  

• Judgment 890

  
  64th Session, 1988
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The Tribunal may review the lawfulness of a decision by the appointing authority to extend probation. But because of the nature of the decision the Tribunal will, short of finding a formal or procedural flaw - which it does not in this case - exercise only limited review. [In such matters] the competent authority [is] allowed wide discretion".

  Keywords:

  competence of tribunal; discretion; extension of contract; judicial review; probationary period;
  

< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 | next >